New South Wales Consolidated Regulations

LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2014 - REG 4.1E

4.1E Exceptions to minimum lot sizes for biodiversity conservation

(1) The objective of this clause is to provide flexibility in the application of standards for the subdivision of land to be used for the purpose of long-term biodiversity conservation management.

(2) Despite any other provision of this Plan, development consent may be granted to the subdivision of land to create a lot that is less than the minimum size shown on the Lot Size Map in relation to that land if the consent authority is satisfied that--

(a) the subdivision will facilitate the long-term biodiversity conservation management of the lot, and

(b) suitable arrangements have been, or will be, made for the long-term protection, conservation and management of the lot, and

(c) the subdivision will not create the opportunity for additional dwellings on any of the lots, and

(d) the subdivision will not require the clearing of any native vegetation other than native vegetation required to be removed for the long-term protection, conservation and management of the lot.