New South Wales Consolidated Regulations

WAGGA WAGGA RURAL LOCAL ENVIRONMENTAL PLAN 1991 - REG 15

15 Subdivision for the purposes of the creation of rural small holdings

(1) The Council shall not consent to a development application to subdivide land within Zone No 1 to create a rural small holding if the land the subject of the application:

(a) comprises the whole or part of an existing holding having an area of less than 200 hectares, or

(b) is an allotment created in accordance with this plan for the purpose of agriculture.

(2) Before determining the number, size and arrangement of rural small holdings that may be created, the Council shall, in addition to matters referred to in any other provisions of this plan, take into account:

(a) the quality of the land and the effect of subdivision on the existing and potential agricultural productivity of the land the subject of the application,

(b) the impact on existing and potential agricultural productivity in the locality,

(c) the supply of, and demand for, rural small holdings of the type proposed,

(d) the physical characteristics of the land including drainage patterns, erosion, geological hazards and landscape features,

(e) whether approval of the subdivision and any subsequent development will create demands for the provision or extension of services provided by the Council or other public authorities,

(f) hazards such as bushfires and flooding,

(g) whether subdivision will prejudice the orderly expansion of urban areas,

(h) the prevailing subdivision and holding pattern in the locality, and

(i) whether the land contains recoverable minerals or extractive materials.

(3) In determining the quality of the land for the purposes of subclause (2) (a), the Council shall have regard to the map prepared by or on behalf of the Director-General of the Department of Agriculture and Fisheries and marked “ Agricultural Land Classification Map-City of Wagga Wagga ” deposited in an office of the Department of Agriculture and Fisheries (and a copy of which is deposited in the office of the Council).

(4) Where a person proposes to subdivide land to create a rural small holding and the land the subject of the application is identified on the maps referred to in subclause (3) as comprising a combination of classes 1, 2, 3, 4 and 5, the Council shall not consent to the subdivision of that part of the land identified as class 1, 2 or 3 unless:

(a) it is satisfied, having regard to the matters listed in subclause (2), that the class 4 or 5 land is unsuitable for the purposes of rural small holdings,

(b) it has consulted, and taken into account the views of, the Director-General of the Department of Agriculture and Fisheries, and

(c) the class 1, 2 or 3 land does not comprise more than 5 per cent of the land to be subdivided for rural small holdings.

(5) Notwithstanding the provisions of subclauses (1) (a) and (4), the Council may consent to an application to subdivide the whole or part of an existing holding having an area of less than 200 hectares if:

(a) the Council considers that the land is suitable for the purposes of rural small holdings having regard to the matters listed in subclause (2), and

(b) the Council has consulted, and taken into account the views of, the Director-General of the Department of Agriculture and Fisheries.