New South Wales Consolidated Regulations

WINDOURAN LOCAL ENVIRONMENTAL PLAN 1999 - REG 15

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

(1) The Council shall not consent to a subdivision of land within Zone No 1 (c) unless:

(a) where provision is to be made for the off-site disposal of sewage, the area of each allotment to be created as a result of the subdivision is not less than 5000 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 5000 square metres with the average area of the resultant lots being not less than 2 hectares,

(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 2 hectares which will be created as a result of the subdivision is not more than 65 per cent of the maximum number of allotments which may be created on that land under subparagraph (i).

(2) Nothing in subclause (1) (b) (i) prevents the Council from consenting to the subdivision of land within Zone No 1 (c) where the size of the allotments created is less than the minimum prescribed area if it is satisfied that the individual allotments have adequate provision for effluent disposal.

(3) If:

(a) land is to be provided and developed for the communal use of future owners of allotments within a subdivision of land within Zone No 1 (c), and

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

the area of the land so provided 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,

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

(e) the provisions of subclause (5).

(5) Council shall not consent to the development of a lot created within Zone No 1 (c) for the purpose of a dwelling if that dwelling is to be located less than 150 metres from the boundary of land within Zone No 1 (a) unless in the opinion of Council the development will not adversely affect the use of adjoining lands for agriculture.