New South Wales Consolidated Regulations

YASS VALLEY LOCAL ENVIRONMENTAL PLAN 2013 - REG 4.1AA

4.1AA Minimum subdivision lot size for community title schemes

(1) The objectives of this clause are as follows--

(a) to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements,

(b) to ensure that lot sizes and subdivision patterns for tourist and visitor accommodation provide protection for the rural and environmental values of the area.

(2) This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 1989 of land in any of the following zones--

(a) Zone RU1 Primary Production,

(b) Zone RU2 Rural Landscape,

(c) Zone RU4 Primary Production Small Lots,

(d) Zone RU5 Village,

(e) Zone R2 Low Density Residential,

(f) Zone R5 Large Lot Residential,

(g) Zone E3 Environmental Management,

(h) Zone E4 Environmental Living,

but does not apply to a subdivision by the registration of a strata plan.

(3) The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 1989 ) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(3A) Despite subclause (3), development consent may be granted for the subdivision of land to which this clause applies resulting in lots that are 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 use of the land after subdivision will be for the purpose of an eco-tourist facility permitted under an existing development consent for the land, and

(b) the development is complementary to the rural and environmental attributes of the land and its surrounds, and

(c) there is or will be appropriate vehicular access servicing the lots, and

(d) if there is or will be a reticulated sewerage scheme for the land being subdivided--all of the lots created will have an area of at least 2,000 square metres, and

(e) if on-site sewage management is proposed to dispose of sewage on each individual lot--all of the lots created will have an area of at least 4,000 square metres.

(4) This clause applies despite clause 4.1.