Ballina Local Environmental Plan 1987
11Subdivision of land within Zone No 1 (a1), 1 (a2), 1 (b), 1 (d), 1 (e), 7 (a), 7 (c), 7 (d), 7 (d1), 7 (f), 7 (i) or 7 (l)
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11 Subdivision of land within Zone No 1 (a1), 1 (a2), 1 (b), 1 (d), 1 (e), 7 (a), 7 (c), 7 (d), 7 (d1), 7 (f), 7 (i) or 7 (l)
11 Subdivision of land within Zone No 1 (a1), 1 (a2), 1 (b), 1 (d), 1 (e), 7 (a), 7 (c), 7 (d), 7 (d1), 7 (f), 7 (i) or 7 (l)
(1) The council shall not consent to the subdivision of—
(a) land within Zone No 1 (a1), 1 (a2), 1 (d), 1 (e), 7 (a), 7 (c), 7 (d1), 7 (f), 7 (i) or 7 (l)—except in accordance with this clause, or
(b) land within Zone No 1 (b) or 7 (d)—except in accordance with this clause or clause 13.
(2) Except as provided by subclause (3), the council may consent to the subdivision of land referred to in subclause (1) only where the area of each allotment to be created by the subdivision is not less than—
(a) in the case of land within Zone No 1 (a1) or 7 (i)—20 hectares, and
(b) in the case of land within Zone No 1 (a2), 1 (b), 1 (d), 1 (e), 7 (a), 7 (c), 7 (d), 7 (d1), 7 (f) or 7 (l)—40 hectares.
(3) The council may consent to the subdivision of land referred to in subclause (2) (a) where the area of each allotment to be created by the subdivision is not less than 13 hectares.
(4) In deciding whether to grant consent under subclause (3) the council shall consider—
(a) the area and quality of land and its potential agricultural productivity,
(b) the likely effects, both economic and otherwise, that the proposed subdivision will have on agricultural industries in the area and the resources employed by or in connection with those industries,
(c) the likely effects, both economic and otherwise, that the proposed subdivision will have on the use and development of other land and resources in the area,
(d) whether there are any reasonable alternatives to the proposed subdivision in the circumstances,
(e) the effect of the existence of, or potential to erect, a dwelling,
(f) the cumulative effect of similar proposals if consent is granted, and
(g) the likelihood of the proposed allotments remaining available for agricultural use.
(h) the adequacy of the water supply to the proposed allotments.