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LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2014 - REG 4.2C
Boundary adjustments in certain rural and environmental protection zones
4.2C Boundary adjustments in certain rural and environmental protection zones
(1) The object of this clause is to facilitate boundary adjustments between
lots where one or more resultant lots do not meet the minimum lot size but the
objectives of the relevant zone can be achieved.
(2) This clause applies to
land in the following zones-- (a) Zone RU2 Rural Landscape,
(b) Zone E2
Environmental Conservation,
(c) Zone E3 Environmental Management,
(d) Zone
E4 Environmental Living.
(3) Despite clause 4.1 (3), development consent may
be granted to subdivide land by way of a boundary adjustment between adjoining
lots where one or more resultant lots do not meet the minimum lot size shown
on the Lot Size Map in relation to that land if the consent authority is
satisfied that-- (a) the subdivision will not create additional lots or the
opportunity for additional dwellings, and
(b) the number of dwellings on each
lot after the subdivision will remain the same as before the subdivision, and
(c) the potential for land use conflict will not be increased as a result of
the subdivision, and
(d) if the land is in Zone RU2 Rural Landscape--the
subdivision will not have a significant adverse effect on the agricultural
viability of the land, and
(e) if the land is in Zone E2 Environmental
Conservation, Zone E3 Environmental Management or Zone E4 Environmental
Living--the subdivision will result in the continued protection and long term
maintenance of the land.
(4) Before determining a development application for
the subdivision of land under this clause, the consent authority must consider
the following-- (a) the existing uses and approved uses of other land in the
vicinity of the subdivision,
(b) whether or not the subdivision is likely to
have a significant impact on land uses that are likely to be preferred and the
predominant land uses in the vicinity of the subdivision,
(c) whether or not
the subdivision is likely to be incompatible with a land use on any adjoining
land,
(d) whether or not the subdivision is appropriate having regard to the
natural and physical constraints affecting the land,
(e) whether or not the
subdivision is likely to have a significant adverse impact on the
environmental values of the land.
(5) This clause does not apply-- (a) in
relation to the subdivision of individual lots within a strata plan or
community title scheme, or
(b) if the subdivision would create a lot that
could itself be subdivided in accordance with clause 4.1.
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