12Subdivision in Zone No 1
(a)
(1)General
restriction
The Council may consent to a subdivision of land
within Zone No 1 (a) in accordance with either subclause (2), (3) or (4) and
not otherwise. Each of those subclauses provides a separate and mutually
exclusive set of requirements. Such a consent can be granted only if the land
to be subdivided does not comprise the whole or any part of an allotment or
portion of land previously subdivided in accordance with a consent granted
after the commencement of this plan. However, a further subdivision under
subclause (2) may be permitted to a parcel of land notwithstanding that a
previous subdivision has been approved under that
subclause.
(2)Creation of “40 hectare
allotments”
The Council may consent to a subdivision of land
within Zone No 1 (a) if each allotment to be created by the subdivision will
have an area of not less than 40 hectares.
(3)Excision of dwelling allotment
from smaller holdings
The Council may consent to the excision of one
(but not more than one) allotment from an existing holding within Zone No 1
(a), being an existing holding that has a total area of not less than 50 and
not more than 80 hectares, if:
(a)
the Council is satisfied that the allotment will
be used for the purpose of a dwelling house, and
(b)
the allotment does not comprise prime crop and
pasture land, and
(c)
the allotment will have an area of not less than
2 and not more than 10 hectares, and
(d)
the residue of the existing holding is
consolidated into one allotment, and
(e)
the Council is satisfied that effective disposal
of domestic waste water within the boundaries of the allotment is achievable,
and
(f)
the excision of the allotment is, in the opinion
of Council, unlikely to have a significant adverse effect on the existing and
potential capability and use, for agricultural purposes, of the residue land
and adjacent land.
(4)Excision of allotments from
larger holdings
The Council may consent to the excision of one
allotment from an existing holding within Zone No 1 (a) for every 80 hectares
of that existing holding if:
(a)
the Council is satisfied that each allotment will
be used for the purpose of a dwelling-house, and
(b)
each allotment excised by the subdivision will
have an area of not less than 2 and not more than 10 hectares,
and
(c)
the residue of the existing holding is
consolidated into one allotment, and
(d)
the Council is satisfied that effective disposal
of domestic waste water within the boundaries of each allotment is achievable,
and
(e)
the excision of each allotment is, in the opinion
of the Council, unlikely to have a significant adverse effect on the existing
and potential capability and use, for agricultural purposes, of the residue
land and adjacent land.
(5)Exception for family dwelling
allotments
Despite subclause (1), the Council may consent to
the excision of an allotment from land within Zone No 1 (a) if the Council is
satisfied that the allotment will be used for the purpose of a dwelling-house,
but only if:
(a)
the allotment is required for the erection or use
of a dwelling-house the Council is satisfied will be occupied by the person
who owned that land on 24 April 1969 (being when Interim Development Order
No 1—Shire of Blaxland, which permitted a similar
subdivision, commenced) or by a brother, sister, son, daughter, grandson or
granddaughter of that owner, and
(b)
only one such allotment is excised for each 10
hectares of a parcel of contiguous land, with a maximum of three (3)
allotments permitted including all allotments created for relatives under
Interim Development Order No 1—Shire of
Blaxland and any consented to in accordance with subclause
(3), and
(c)
the Council is satisfied that effective disposal
of domestic waste water within the boundaries of each allotment is achievable,
and
(d)
the allotment does not comprise prime crop and
pasture land.
(6)Exception for subdivisions to
allow agriculture
Nothing in this clause prevents the Council from
granting consent to the creation of an allotment of vacant land of any area if
the Council is satisfied that the allotment will be used for the purpose of
agriculture. Before determining the application for consent to subdivide land
for the purposes of agriculture, the Council may consult with the Director
General of NSW Agriculture. The Council may decline to grant consent pursuant
to this subclause if it has not been satisfied that agricultural production
will be viable on any proposed allotment that will have an area of less than
40 hectares.
cl 12: Subst
21.7.2000.