New South Wales Consolidated Regulations

WAKOOL LOCAL ENVIRONMENTAL PLAN 1992 - REG 15

15 Subdivision for the purpose of dwelling-houses in Zone No 1 (c)

(1) The Council shall not consent to an application to subdivide land within Zone No 1 (c) unless:

(a) where provision is to be made for off-site disposal of sewage, the area of each allotment to be created as a result of the subdivision is not less than 5 000 square metres, and

(b) where no provision is to be made for off-site disposal of sewage:

(i) each allotment to be created as a result of the subdivision has an area of not less than 5 000 square metres with the average area of the resultant lots being not less than 1 hectare,

(ii) arrangements satisfactory to the Council have been made for the provision of a permanent water supply to that land, and

(iii) the number of allotments having an area of less than 1 hectare which will be created as a result of the subdivision is not more than 65 per cent of the maximum number of allotments which could be created from that land without contravening subparagraph (i).

(2) Nothing in subclause (1) (b) (i) prevents the Council from consenting to the subdivision of land within Zone No 1 (c) so as to create an allotment having an area of less than 5 000 square metres if it is satisfied that the allotment has adequate provision for effluent disposal.

(3) If:

(a) land to be provided and developed for the communal use of future owners of allotments is created by a subdivision referred to in subclause (1), and

(b) the Council is satisfied that the resultant development will enhance the amenity of the locality,

the area of that land may be included in calculating the average lot size of that subdivision.

(4) The Council shall not grant consent to the subdivision of land within Zone No 1 (c) unless it has taken into consideration:

(a) the land capability (including soil resources and soil stability), natural constraints and hazards of the land to be subdivided in relation to the density of the allotments proposed to be created,

(b) the desirability of providing a range and mixture of allotment sizes,

(c) whether the design of each allotment to be created by the subdivision is satisfactory for the economic provision of services, and

(d) the physical suitability of the land for on-site disposal of wastes, and

(e) the principles set out in Part 2 of Murray Regional Environmental Plan No 2-Riverine Land .

(5) The Council shall not consent to the carrying out of development for the purpose of a dwelling-house in an allotment created within Zone No 1 (c) if that dwelling-house is located less than 150 metres from the boundary of land within Zone No 1 (a) unless, in the opinion of the Council, the development will not be adversely affected by the use of adjoining lands for agriculture.

(6) The Council may consent to the subdivision of, or the carrying out of other development on, land within Zone No 1 (c) only if the Council is satisfied that:

(a) measures will be taken to protect water quality by reducing nutrient accessions to any river, and

(b) measures will be taken to prevent degradation of existing vegetation and fauna habitat, and

(c) new native vegetation will be allowed to grow so as to minimise any disturbance to wildlife and aquatic habitat and to protect any river banks from erosion, and

(d) scenic, rural river character and habitat values will be protected, and

(e) appropriate fire protection measures will be taken and maintained (including creating and maintaining fire radiation zones), and

(f) the dwelling-house will be located at a sufficient distance from the edge of any tree and habitat preservation area (as identified on the map) to allow the matters stated in the preceding paragraphs to be achieved.

(7) For the purpose of satisfying itself of the matter referred to in subclause (6) (a) in relation to the erection of a dwelling-house on land within Zone No 1 (c) within 100 metres of a river, the Council must consider a plan that shows how the site is to be landscaped.

(8) The Council may consent to subdivision of land within Zone No 1 (c) to create allotments to be connected to a reticulated water supply only if the Council is satisfied that reticulated sewerage is also to be provided to those allotments.