New South Wales Consolidated Regulations

BEGA VALLEY LOCAL ENVIRONMENTAL PLAN 2013 - REG 4.2F

4.2F Exceptions to minimum subdivision lot sizes for resulting lots

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

(a) to provide for the subdivision of lots that are within more than one zone but cannot be subdivided under clause 4.1,

(b) to ensure that the subdivision occurs in a manner that promotes suitable land use and development.

(2) This clause applies to a lot (an
"original lot" ) that contains land in--

(a) a rural or environment protection zone, and

(b) one or more other zones.

(3) Despite clause 4.1, development consent may be granted to subdivide an original lot to create other lots (the
"resulting lots" ) if--

(a) one of the resulting lots will contain all of the land within a rural or environment protection zone, and--

(i) any existing dwelling, or

(ii) any land within any other zone with an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and

(b) all other resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land.

(4) 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.