New South Wales Consolidated Regulations

YARROWLUMLA LOCAL ENVIRONMENTAL PLAN 2002 - REG 19

19 What are the allotment size requirements that apply to subdivision in the General Rural zone?

(1) Consent may be granted to the subdivision of land within Zone No 1 (a) only if the consent authority is satisfied that:

(a) each allotment proposed to be created by the subdivision will have an area of not less than 8 hectares, and

(b) the average area of all lots into which the land comprising each 1995 holding affected by the subdivision is divided will be not less than 80 hectares at any time, and

(c) where lots having an area of less than 80 hectares are proposed to be created, the total number of allotments having an area of less than 80 hectares created through successive subdivisions of the land comprising each 1995 holding affected by the subdivision will not exceed 5, and

(d) each proposed allotment which will have a frontage to a main or arterial road will have a frontage to that road of not less than 200 metres or one entry point to that road for vehicles, and

(e) each proposed allotment which will have a frontage to a lake or river will have a frontage to that lake or river of not less than 200 metres, and

(f) the land to which the development application applies has not previously been subdivided in accordance with this clause, unless it is the land nominated by the owner to the Council as the residue lot in the last subdivision which involved the land.

(2) Despite subclause (1) (b), consent may be granted to the subdivision of a 1995 holding between 88 hectares and 159 hectares in area so as to create 2 allotments if the subdivision was permissible immediately prior to the gazettal of Yarrowlumla Local Environmental Plan 1993 (Amendment No 6) .

(3) Land identified as Class 1, 2 or 3 on the map prepared by the Department of Agriculture and held in the office of the Council is not to be subdivided so as to create an allotment of less than 16 hectares.

(4) Consent may be granted to the subdivision of land within Zone No 1 (a) to create an allotment of any size that will be used otherwise than for the purpose of agriculture or a dwelling (the proposed use being development that may be carried out under Part 2), if:

(a) in the opinion of the consent authority, the area of the allotment to be created is appropriate for the development for which it is intended to be used, and

(b) where the land is identified as Class 1, 2 or 3 on the map prepared by the Department of Agriculture and held in the office of the Council, the consent authority is satisfied that there is no reasonable alternative to using the allotment for the proposed development.