New South Wales Consolidated Regulations

WAGGA WAGGA RURAL LOCAL ENVIRONMENTAL PLAN 1991 - REG 14

14 Subdivision for other purposes in Zone No 1

(1) Subject to subclause (2), the Council shall not consent to a development application to subdivide land within Zone No 1 if any allotment to be created by the subdivision is intended to be used primarily for purposes other than agriculture or a dwelling, unless, in the opinion of 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.

(2) Nothing in subclause (1) prevents the Council from granting consent to a development application to subdivide land to create an allotment intended to be used for a purpose other than agriculture or a dwelling 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 the allotment is proposed to be used to meet that demand justifies the creation of the allotment notwithstanding its agricultural value.