New South Wales Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BEGA VALLEY LOCAL ENVIRONMENTAL PLAN 2013 - REG 4.2E

Exceptions to minimum subdivision lot size for boundary adjustments

4.2E Exceptions to minimum subdivision lot size for boundary adjustments

(1) The objective of this clause is to permit the boundary between 2 or more lots to be altered in certain circumstances, to give landowners a greater opportunity to achieve the objectives of a zone.
(2) Despite clause 4.1, development consent may be granted to the subdivision of 2 or more adjoining lots where one or more lots do not meet the minimum lot size shown on the Lot Size Map if the consent authority is satisfied that the subdivision will not result in any of the following--
(a) an increase in the number of lots,
(b) an increase in the number of dwellings that may be erected on any of the lots,
(c) increased potential for land use conflicts.
(3) In determining whether to grant development consent for the subdivision of land under this clause, the consent authority must consider the following--
(a) whether or not the development is likely to maintain or improve the environmental values and agricultural viability of the land,
(b) the potential impact on the natural and physical constraints affecting the land, taking into account the long-term maintenance, management and protection of the land,
(c) the compatibility with existing or potential land uses and measures that are deemed necessary to avoid or minimise any potential for land use conflicts.
(4) This clause does not apply in relation to a subdivision under the Community Land Development Act 1989 , the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 .



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback