New South Wales Consolidated Regulations

WENTWORTH LOCAL ENVIRONMENTAL PLAN 2011 - REG 4.2D

4.2D Boundary adjustments in Zones RU1, RU4 and C3

(1) The objective of this clause is to facilitate boundary adjustments between lots where 1 or more resulting lots do not meet the minimum lot size shown for the land on the Lot Size Map but the objectives of the relevant zone can be achieved.

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

(a) Zone RU1 Primary Production,

(b) Zone RU4 Primary Production Small Lots,

(c) Zone C3 Environmental Management.

(3) Development consent may be granted to a subdivision of land to which this clause applies for the purposes of a boundary adjustment between adjoining lots if at least 1 lot resulting from the subdivision does not meet the minimum lot size shown for the land on the Lot Size Map .

(4) Development consent must not be granted unless the consent authority is satisfied--

(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 be the same as before the subdivision, and

(c) the subdivision will not create the potential for land use conflict, and

(d) for land in Zone RU1 Primary Production--the subdivision will not have a significant adverse effect on the agricultural viability of the land, and

(e) for land in Zone RU4 Primary Production Small Lots--the subdivision will not have a significant adverse effect on the intensive agricultural viability of the land, and

(f) for land in Zone C3 Environmental Management--the subdivision will result in the continued protection and long-term maintenance of the land, and

(g) the subdivision will not result in increased bush fire risk to an existing building.

(5) In deciding whether to grant development consent, the consent authority must consider whether the subdivision--

(a) is likely to be incompatible with the dominant land uses in the surrounding area, and

(b) is likely to have a significant adverse effect on the dominant land uses in the surrounding area, and

(c) is appropriate with regard to natural and physical characteristics of the land, and

(d) is likely to have a significant adverse impact on the environmental values of the land.

(6) This clause does not apply--

(a) to the subdivision of individual lots within a strata plan or community scheme, or

(b) if the boundary adjustment would create a lot that may be subdivided under clause 4.1.