New South Wales Consolidated Regulations

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BEGA VALLEY LOCAL ENVIRONMENTAL PLAN 2013 - REG 4.1B

Lot averaging subdivision in Zone R5, Zone E3 and Zone E4

4.1B Lot averaging subdivision in Zone R5, Zone E3 and Zone E4

(1) The objective of this clause is to ensure that lot sizes and subdivision patterns for residential accommodation conserve and provide protection for the environmental values of the land by encouraging buildings to be appropriately sited.
(2) This clause applies to land in the following zones--
(a) Zone R5 Large Lot Residential,
(b) Zone E3 Environmental Management,
(c) Zone E4 Environmental Living.
(3) Despite clauses 4.1 and 4.1AA, development consent may be granted to the subdivision of land to which this clause applies (whether or not the subdivision is under the Community Land Development Act 1989 ) if--
(a) the consent authority is satisfied that the land to be subdivided is proposed to be used for the purpose of residential accommodation, and
(b) for land in Zone R5 Large Lot Residential--the area of the lots resulting from the subdivision will not be less than 3,000 square metres, and
(c) for land in Zone E3 Environmental Management or Zone E4 Environmental Living--the area of the lots resulting from the subdivision will not be less than 5,000 square metres, and
(d) the total number of lots resulting from the subdivision will not exceed the number of lots that could be created by a subdivision of the same land under clause 4.1(3) or 4.1AA(3), and
(e) the consent authority is satisfied that the development retains, and is complementary to, the environmental attributes of the land and its surrounds.
(4) Despite any other provision of this Plan, development consent must not be granted to the subdivision of a lot created under this clause unless the consent authority is satisfied that--
(a) the lots resulting from the subdivision will not be used for the purpose of residential accommodation, and
(b) the subdivision will not result in any significant adverse environmental impacts on the land being subdivided.



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