New South Wales Consolidated Regulations

WALCHA LOCAL ENVIRONMENTAL PLAN 2000 - REG 16

16 Subdivision for other purposes in Zones Nos 1 (a) and 7 (d)

(1) Consent must not be granted to a subdivision of land within Zone No 1 (a) or 7 (d) if the consent authority is satisfied that any allotment to be created by the subdivision will be used primarily for the purpose of a land use other than agriculture or the erection of a dwelling, unless, in the opinion of the consent authority:

(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 land use for which it is to be created.

(2) Nothing in subclause (1) prevents consent from being granted to an application to subdivide land to create an allotment that will be used otherwise than for the purpose of a dwelling-house if the consent authority 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, and

(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.