New South Wales Consolidated Regulations

BYRON LOCAL ENVIRONMENTAL PLAN 2014 - REG 4.1F

4.1F Exceptions to minimum lot sizes for certain rural subdivisions

(1) The objective of this clause is to enable the subdivision of land in rural areas to create lots of an appropriate size to meet the needs of current permissible uses other than for the purpose of dwelling houses, dual occupancies or secondary dwellings.

(2) This clause applies to land in the following zones--

(a) Zone RU1 Primary Production,

(b) Zone RU2 Rural Landscape.

(3) Despite clause 4.1, development consent may be granted to the subdivision of land to which this clause applies to create a lot with a size less than the minimum subdivision lot size shown on the Lot Size Map in relation to those lots, if the consent authority is satisfied that--

(a) there is no dwelling house or dual occupancy located on the land, and

(b) the use of the land after the subdivision will be the same use permitted under the existing development consent for the land.

(4) Development consent must not be granted for the subdivision of land to which this clause applies unless the consent authority is satisfied that--

(a) the subdivision will not adversely affect the use of the surrounding land for agriculture, and

(b) the subdivision is necessary for the ongoing operation of the permissible use, and

(c) the subdivision will not increase rural land use conflict in the locality, and

(d) the subdivision is appropriate having regard to the natural and physical constraints affecting the land.