New South Wales Consolidated Regulations

WELLINGTON LOCAL ENVIRONMENT PLAN 1995 - REG 13

13 Subdivision of land within Zone No 1 (a)

(1) This clause applies to land within Zone Number 1 (a).

(2) Subject to subclause (3), the Council may consent to the creation of an allotment of any area for a land use supported by the zone objectives.

(3) The Council shall not grant consent to the creation of an allotment it is satisfied will be used for the purpose of agriculture if the allotment has an area of less than 400 hectares and there is a dwelling on that allotment.

(4) Despite subclause (3), the Council may consent to the excision of one but not more than one allotment it is satisfied will be used for the purpose of agriculture from a holding on which a dwelling stands if that dwelling was lawfully erected on that land on or before the appointed day.

(7) Subject to subclause (8), the Council shall not consent to a subdivision of land within Zone Number 1 (a) where any allotment to be created by the subdivision is to be used otherwise than for the purpose of agriculture or a dwelling unless, in the opinion of the Council:

(a) none of the land the subject of the application is prime crop and pasture land, and

(b) the area of each allotment to be created by the subdivision is appropriate having regard to the purpose for which it is being created.

(8) Nothing in subclause (7) prevents the Council from granting consent to a subdivision of land to create an allotment it is satisfied will be used otherwise than for the purpose of agriculture or a dwelling where the Council is satisfied:

(a) the purpose for which the allotment is to be used involves the supply of goods or services for which there is a demand in the locality,

(b) no other land in the locality could reasonably be used for that purpose, and

(c) the level of demand for the goods or services which are to be supplied from the allotment and the extent to which that allotment is proposed to be used to meet that demand justifies the creation of the allotment despite its agricultural value.

Note: Clause 9 of the State Environmental Planning Policy (Rural Lands) 2008 enables subdivision of lots smaller than allowed by this plan for the purposes of primary production.