Cessnock Local Environmental Plan 2011
Current version for 17 April 2020 to date (accessed 10 July 2020 at 07:59)
Part 6 Clause 6.1
6.1   Arrangements for designated State public infrastructure
(1)  The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.
(2)  Despite all other provisions, development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the relevant date, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.
(3)  Subclause (2) does not apply to—
(a)  any lot identified in the certificate as a residue lot, or
(b)  any lot to be created by a subdivision of land that was the subject of a previous development consent granted in accordance with this clause, or
(c)  any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities or any other public purpose, or
(d)  a subdivision for the purpose only of rectifying an encroachment on any existing lot.
(4)  This clause does not apply to land in an urban release area if all or any part if the land is a special contributions area (as defined by section 7.1 of the Act).
(5)  In this clause, relevant date means—
(a)  for land other than land to which the following amending local environmental plans apply—the day the land became, or became part of, an urban release area under this clause, or
(b)  for land that was part of an urban release area under Cessnock Local Environmental Plan 1989 (Amendment No 119)—5 December 2008, or
(c)  for land that was part of an urban release area under Cessnock Local Environmental Plan 1989 (Amendment No 120)—14 November 2008, or
(d)  for land that was part of an urban release area under Cessnock Local Environmental Plan 1989 (Amendment No 121)—28 January 2011, or
(e)  for land that was part of an urban release area under Cessnock Local Environmental Plan 1989 (Amendment No 125)—12 November 2010, or
(f)  for land that was part of an urban release area under Cessnock Local Environmental Plan 1989 (Amendment No 126)—11 November 2011.