New South Wales Consolidated Regulations

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BYRON LOCAL ENVIRONMENTAL PLAN 2014 - REG 4.1C

Minimum subdivision lot size for boundary adjustments in certain rural and residential zones

4.1C Minimum subdivision lot size for boundary adjustments in certain rural and residential zones

(1) The objectives of this clause are as follows--
(a) to permit boundary adjustment subdivision between existing lots in rural areas where one or more of the resulting lots would be less than the minimum subdivision lot size,
(b) to ensure that the subdivision does not create additional lots or additional opportunities for dwelling houses,
(c) to ensure that the boundary adjustment subdivision will result in--
(i) a minimisation of further fragmentation and alienation of resource lands or lands with natural or ecological values,
(ii) the minimisation of land use conflict,
(iii) the maintenance of the rural character, environmental heritage and/or scenic quality of the land.
(2) This clauses applies to land in the following zones--
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone R5 Large Lot Residential.
(3) Despite clause 4.1, development consent may be granted for a subdivision that consists of an adjustment of boundaries between existing lots where the size of one or more of the resulting lots will be less than the minimum subdivision lot size shown on the Lot Size Map in relation to those lots, if--
(a) the subdivision will not result in the creation of any additional lots or the opportunity for additional dwellings (or both), and
(b) the subdivision will minimise the further fragmentation and alienation of resource lands or lands with natural and ecological values, and
(c) the subdivision is likely to minimise actual or potential land use conflict, and
(d) the subdivision is not likely to affect the rural character, environmental heritage and scenic quality of the land.



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