New South Wales Repealed Regulations

This legislation has been repealed.

BERRIGAN LOCAL ENVIRONMENTAL PLAN 1992 - REG 15

15 Subdivision for the purposes of dwelling-houses within Zone No 1 (c) and on land listed in Schedule 5

(1) The Council shall not consent to an application to subdivide land within Zone No 1 (c) or land listed in Schedule 5 where the Council is satisfied that each proposed allotment will be used for the purposes of a dwelling-house unless:

(a) where provision is to be made for the off-site disposal of sewage, the area of each allotment to be created as a result of the subdivision is not less than 5,000 square metres, and

(b) where not provision is to be made for off-site disposal of sewage:

(i) each allotment to be created as a result of the subdivision has an area of not less than 5,000 square metres with the average area of the resultant lots being not less than 2 hectares,

(ii) arrangements satisfactory to the Council have been made for the provision of a permanent water supply to that land, and

(iii) the number of allotments having an area of less than 2 hectares which will be created as a result of the subdivision is not more than 65 per cent of the maximum number of allotments which may be created on that land under subparagraph (i).

(2) Nothing in subclause (1) (b) (i) prevents the Council from consenting to the subdivision of land to which this clause applies where the size of the allotments created is less than the prescribed area if it is satisfied that the individual allotments have adequate provision for effluent disposal.

(3) If:

(a) communal land is to be provided and developed for the communal use of future owners of allotments within a subdivision of land referred to in subclause (1), and

(b) the Council is satisfied that the resultant development will enhance the amenity of the locality,

the area of the communal land may be included in calculating the average lot size of that subdivision.

(4) The Council shall not grant consent to the subdivision of land within Zone No 1 (c) and on land listed in Schedule 5 unless it has taken into consideration:

(a) the land capability (including soil resources and soil stability), natural constraints and hazards of the land to be subdivided in relation to the density of the allotments proposed to be created,

(b) the desirability of providing a range and mixture of allotment sizes,

(c) whether the design of each allotment to be created by the subdivision is satisfactory for the economic provision of services,

(d) the physical suitability of the land for on-site disposal of wastes, and

(e) the provisions of subclause (5).

(5) The Council shall not consent to the development of a lot created in accordance with subclause (1) for the purpose of a dwelling-house if that dwelling-house is to be located less than 150 metres from the boundary of land within Zone No 1 (a) unless, in the opinion of the Council, the development will not be adversely affected by the use of the adjoining land for agriculture.

(6) Subject to subclause (7) of this clause, nothing in this plan prevents a person, with the consent of Council, from subdividing the land listed in Schedule 5 and identified as such on the map (or any part of that land) and erecting a dwelling-house on each of the allotments created by the subdivision.

(7) The Council shall not grant consent to an application to carry out development referred to in subclause (6) after the expiration of three years from the date specified in Schedule 5 in relation to the land concerned or after such later date as the Minister may, before the expiration of that period, notify by order published in the Government Gazette.

(8) Nothing in subclause (7) shall prevent the Council from granting consent to the erection of a dwelling-house on an allotment created in accordance with subclause (6).