Tweed Local Environmental Plan 2014
4.1C Exceptions to minimum subdivision lot size for boundary adjustments
(1) The objective of this clause is to permit boundary adjustments between 2 or more lots where one or more of the resulting lots would be less than the minimum lot size shown on the Lot Size Map in relation to that land.(2) This clause applies to land in the following zones—(a) Zone RU1 Primary Production,(b) Zone RU2 Rural Landscape,(c) Zone R5 Large Lot Residential.(3) Despite clause 4.1, development consent may be granted for the subdivision of land by way of an adjustment of boundaries between adjoining lots where the size of one or more of the lots resulting from the subdivision would be less than the minimum lot size shown on the Lot Size Map in relation to the land if the consent authority is satisfied that the subdivision will not result in—(a) an increase in the number of lots, or(b) an increase in the number of dwellings or opportunities for dwellings on each lot, or(c) an increase in the possibility of land use conflict, or(d) an adverse impact on the environmental values or agricultural viability of the 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) the existing uses and approved uses of other land in the vicinity of the subdivision,(b) whether or not the subdivision is likely to have a significant impact on land uses that are likely to be preferred and the predominant land uses in the vicinity of the development,(c) whether or not the subdivision is likely to be incompatible with a use referred to in paragraph (a) or (b),(d) whether or not the subdivision is likely to be incompatible with a use of land in any adjoining zone,(e) any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c) or (d),(f) whether or not the subdivision is appropriate having regard to the natural and physical constraints affecting the land.(5) This clause does not apply in relation to a subdivision under the Community Land Development Act 1989 or the Strata Schemes Development Act 2015.