New South Wales Consolidated Regulations

WINDOURAN LOCAL ENVIRONMENTAL PLAN 1999 - REG 13

13 Subdivision for other purposes within Zone No 1 (a)

(1) The Council shall not consent to a subdivision of land within Zone No 1 (a) if any allotment to be created by the subdivision is to be used primarily for purposes other than agriculture or a dwelling-house, unless, in the opinion of the Council:

(a) none of the land in the proposed allotment 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.

(2) Nothing in subclause (1) prevents the Council from granting consent to a subdivision of land to create an allotment to be used for a purpose other than agriculture or a dwelling-house if the Council is satisfied that:

(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.