New South Wales Consolidated Regulations

YARROWLUMLA LOCAL ENVIRONMENTAL PLAN 1993 - REG 13A

13A Land within Zone No 1 (d1)

(1) This clause applies to land within Zone No 1 (d1).

(2) The Council shall not consent to the subdivision of land to which this clause applies otherwise than in accordance with subclauses (3) and (4).

(3) The Council may consent to the subdivision of land to which this clause applies if it is satisfied that allotments proposed to be created by the subdivision will have:

(a) an average area of not less than 6 hectares,

(b) an area of not less than 2 hectares each,

(c) an adequate ratio of depth to frontage, having regard to the purposes for which each allotment is likely to be used,

(d) boundaries that are appropriately located, having regard to the topography of the land proposed to be subdivided, and

(e) a frontage to a road, other than a main or arterial road, in the case of each lot that is less than 16 hectares in area.

(4) Notwithstanding subclause (3) (b), the Council may consent to the subdivision of land within Zone No 1 (d1) that creates allotments of less than 2 hectares, but not less than 1,000 square metres in area, but only if those allotments are provided with a common water and sewerage infrastructure.

(5) The Council shall not consent to the subdivision of land to which this clause applies 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 each allotment to be created by the subdivision is satisfactory for the economic provision of services,

(d) the findings of a site specific investigation (undertaken by a person with qualifications satisfactory to the Council) of land capability and hydraulic/nutrient balance to ascertain whether the land has adequate capability for on-site effluent disposal and whether or not such disposal will adversely affect water quality or adjoining land through either surface or sub-surface flows,

(e) the visual impact of the development from arterial roads,

(f) whether an adequate water supply will be available to each allotment,

(g) the agricultural productivity of the land, and

(h) the findings of an assessment (undertaken by a person with qualifications satisfactory to the Council) of the impacts of the development on flora and fauna, including impacts on regionally significant species and communities, and

(i) the Aboriginal archaeology of the locality.

(6) The Council must not grant a consent that will allow land to which this clause applies that is identified as Class 1, 2 or 3 on a map prepared by the Department of Agriculture held in the office of the Council to be alienated from agricultural uses.

(7) The Council must not grant consent to a subdivision of land to which this clause applies if the land has been previously subdivided in accordance with this clause.