New South Wales Consolidated Regulations

YARROWLUMLA LOCAL ENVIRONMENTAL PLAN 1993 - REG 19

19 Cluster housing development

(1) This clause applies to land within Zone No 1 (d) or 1 (d1) and to the land referred to in Schedule 2.

(2) A person may, with the consent of the Council, carry out cluster housing development on land to which this clause applies.

(3) For the purpose of this clause, "cluster housing development" means:

(a) the subdivision of land under the Community Land Development Act 1989 , and

(b) the erection of a single dwelling-house on one or more of the lots created by the subdivision.

(4) The Council shall not consent to the carrying out of cluster housing development on land to which this clause applies unless:

(a) each lot to be created by the development has an area of not less than 1000 square metres,

(b) not more than 1 dwelling-house is proposed to be erected:

(i) in the case of land within Zone No 1 (d)-for each 6 hectares of the land on which the development is proposed to be carried out, or

(ii) in the case of land referred to in Schedule 2-on each lot created by the subdivision, and

(c) in the case of land referred to in Schedule 2-the development complies with the conditions (if any) specified in that Schedule in relation to that land.

(5) When considering the size and number of allotments to be created for the purposes of cluster housing development, the Council shall not consent to the subdivision unless it is satisfied that the following matters have been taken into consideration by the applicant:

(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 economical provision of services and physically suitable for on-site disposal of wastes,

(d) the findings of a permeability test to ascertain whether the land has adequate capability for on-site effluent disposal and that such disposal will not 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 is available to each allotment.

(6) Where land to which this clause applies is being used for the purposes of cluster housing development, further subdivision of the land is prohibited.