New South Wales Consolidated Regulations

WENTWORTH LOCAL ENVIRONMENTAL PLAN 1993 - REG 13

13 Subdivision of land within Zone No 1 (a), 1 (c) or 1 (d)

(1) This clause applies to land within Zone No 1 (a), 1 (c) or 1 (d).

(2) Subject to this clause, the Council may consent to the subdivision of land to which this clause applies into allotments of any size, but only if the Council is satisfied that the allotments will be used for a purpose permitted (whether with or without the Council’s consent) within the zone concerned.

(3) The Council must not consent to the subdivision of land within Zone No 1 (a) if there is a dwelling-house erected in the land unless the proposed lot on which the dwelling-house will stand after the subdivision:

(a) will have an area of at least 10,000 hectares, if the lot consists of pastoral land, or

(b) will have an area of at least 10 hectares, if the lot consists of horticultural land.

(4) The Council must not consent to the subdivision of land within Zone No 1 (a) if the proposed subdivision would create an allotment of land which the Council is satisfied will be used for the purpose of a dwelling.

(5) The Council must not consent to the subdivision of land within Zone No 1 (c) unless the lots created by the subdivision will each have an area of at least 0.5 hectare.

(6) The Council must not consent to the subdivision of land within Zone No 1 (d) if there is a dwelling erected on the land unless the proposed lot on which the existing dwelling will stand and each dwelling to be erected would stand after the subdivision:

(a) will have an area of at least 300 hectares, if the lot consists of pastoral land, or

(b) will have an area of at least 10 hectares, if the lot consists of horticultural land.

(7) On addition to any other provision of this clause, the Council must not consent to the subdivision of land within Zone No 1 (d) unless it is satisfied that the proposed subdivision will not have a detrimental effect on the future development of the land for urban purposes.

(8) The Council must not consent to the subdivision of land to which this clause applies unless it is satisfied that adequate provision for on-site disposal of effluent will be provided in respect of each lot created by the subdivision on which a dwelling-house is or, in the opinion of the Council, will be situated.

Note: Clause 9 of the State Environmental Planning Policy (Rural Lands) 2008 also enables the subdivision of lots for the purposes of primary production.