New South Wales Consolidated Regulations

MID-WESTERN REGIONAL LOCAL ENVIRONMENTAL PLAN 2012 - REG 4.2C

4.2C Boundary changes for farm adjustments

(1) The objective of this clause is to permit the boundary between 2 or more lots to be altered in certain circumstances, to give landowners a greater opportunity to achieve the objectives of the relevant zone.

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

(a) Zone RU1 Primary Production,

(b) Zone RU4 Primary Production Small Lots,

(c) Zone R5 Large Lot Residential,

(d) Zone C3 Environmental Management.

(3) Despite clause 4.1(3), development consent may be granted to the subdivision of 2 or more adjoining lots, being land to which this clause applies, if the subdivision will not result in any of the following--

(a) an increase in the number of lots,

(b) an increase in the number of dwellings on, or dwellings that may be erected on, any of the lots.

(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 development,

(c) whether or not the subdivision is likely to be incompatible with a use referred to in paragraph (a) or (b),

(d) whether or not the subdivision is likely to be incompatible with a use on land in any adjoining zone,

(e) any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c) or (d),

(f) whether or not the subdivision is appropriate having regard to the natural and physical constraints affecting the land,

(g) whether or not the subdivision is likely to have an adverse impact on the environmental values or agricultural viability of the land.

(5) This clause does not apply--

(a) in relation to the subdivision of lots in a strata plan or of land under the Community Land Development Act 1989 , or

(b) if the subdivision would create a lot that could itself be subdivided in accordance with clause 4.1.