New South Wales Repealed Regulations

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This legislation has been repealed.

PALERANG LOCAL ENVIRONMENTAL PLAN 2014 - REG 4.1A

Lot averaging subdivision of certain land in Zone RU1 and Zone E3

4.1A Lot averaging subdivision of certain land in Zone RU1 and Zone E3

(1) The objectives of this clause are as follows--
(a) to prevent the fragmentation of certain land in Zone RU1 Primary Production and Zone E3 Environmental Management,
(b) to enable appropriate subdivision design of that land having regard to topographical constraints, agricultural productivity, biodiversity values and environmental impacts.
(2) This clause applies to land within Zone RU1 Primary Production or Zone E3 Environmental Management that is identified as "Y" or "C-M" on the Lot Averaging Map .
(3) Despite clause 4.1, development consent may be granted to subdivide land to which this clause applies if--
(a) the average size of all of the lots created by the subdivision will not be less than the minimum size shown on the Lot Size Map in relation to that land, and
(b) each lot created by the subdivision will be at least 8 hectares, and
(c) the total number of lots created by the subdivision having an area less than the minimum size shown on the Lot Size Map in relation to that land will not be more than 5.
(4) Development consent must not be granted for the subdivision of a resulting lot for the purposes of residential accommodation.
(5) In this clause--

"resulting lot" means a lot able to be used for residential accommodation that--
(a) was created by a subdivision under this clause (other than for a public purpose), or
(b) in the case of land identified as "Y" on the Lot Averaging Map --was created under clause 12 of Yarrowlumla Local Environmental Plan 1993 or clause 19 of Yarrowlumla Local Environmental Plan 2002 by a subdivision that created at least one lot of less than 80 hectares for the purpose of residential accommodation, or
(c) in the case of land identified as "C-M" on the Lot Averaging Map --was created by a subdivision under clause 14 (2A) of Cooma-Monaro Local Environmental Plan 1999--(Rural) ,
and includes a lot that would have been a resulting lot had it not been affected by--
(d) a minor realignment of its boundaries that did not create an additional lot, or
(e) a consolidation with adjoining land, or
(f) a subdivision creating or widening a public road or public reserve or for another public purpose, or
(g) a consolidation with an adjoining public road or public reserve or for another public purpose.



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