New South Wales Consolidated Regulations

BELLINGEN LOCAL ENVIRONMENTAL PLAN 2010 - REG 7.11

7.11 Minimum subdivision lot size for rural landsharing community development

(1) Subdivision under the Community Land Development Act 2021 of rural landsharing community land is permitted with development consent.

(2) A lot resulting from the subdivision of rural landsharing community land may be less than the minimum lot size shown on the Lot Size Map for the land if--

(a) the total number of neighbourhood lots resulting from the subdivision does not exceed the number of dwelling sites specified in an existing development consent for the land, and

(b) at least one lot resulting from the subdivision will comprise association property used for the purposes of recreation areas, environmental facilities, environmental protection works or agriculture, and

(c) there is no more than one dwelling erected on each resulting neighbourhood lot.

(3) Subclause (2)(c) does not apply to a neighbourhood lot if--

(a) the neighbourhood lot is a residue lot, and

(b) there are multiple dwellings erected on the neighbourhood lot in accordance with an existing development consent for the land.

(4) Development consent must not be granted for the subdivision of rural landsharing community land unless the consent authority is satisfied of the following--

(a) the subdivision will not impair the use of the land for agriculture or rural industries,

(b) there will be on-site disposal and management of sewage for a dwelling on each lot,

(c) the subdivision will not have an adverse impact on the scenic amenity or character of the rural environment,

(d) the subdivision is not likely to cause land use conflicts with existing agricultural and other rural land uses on neighbouring land,

(e) appropriate management measures are in place to ensure the protection and enhancement of the biodiversity of the land.

(5) In this clause--

"association property" has the same meaning as in the Community Land Development Act 2021 .

"existing development consent" means development consent for the purposes of 3 or more dwellings.

"rural landsharing community land" means land that, immediately before the commencement of this clause, is being used in accordance with an existing development consent.