Blue Mountains Local Environmental Plan 1991
34Subdivision—further provisions
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34 Subdivision—further provisions
34 Subdivision—further provisions
34.1 General Provisions
(a) The Density Control Provision shown on the Map specifies the maximum number of lots per hectare into which land may be subdivided with the consent of the Council.
(b) The Council may consent to subdivision of any land covered by a Density Control Provision shown on the Map only if the total number of lots (other than lots for a public purpose) existing after the subdivision will not exceed the product of the notional development area of the original lot, in hectares, multiplied by the maximum number of lots per hectare specified in the Density Control Provision in respect of the original lot, rounded down to the nearest whole number.
(c) The Council may consent to subdivision of any land that is zoned Bushland Conservation or Residential Bushland Conservation only if each new lot proposed to be created, (other than lots for a public purpose, and other than lots created as part of a cluster housing development), and intended to be the site of a dwelling house, includes land with a minimum area of 750 m2, no part of which is development excluded land, and which is so configured as to be capable of being the site of a dwelling house and accommodating development ordinarily incidental and ancillary to a dwelling house.
(d) The Council may consent to subdivision of any land for the purpose of cluster housing development only if it is satisfied that—
(i) all development for the purpose of any dwelling house proposed to be erected as part of the cluster housing development, and
(ii) all development ordinarily incidental and ancillary to a dwelling house,
is not to be located on any development excluded land.
34.2 Rural Conservation Zone—Special Provisions
(a) The Council may only consent to the subdivision of land in the Rural Conservation Zone if—
(i) it is for a boundary adjustment where no additional lots are created, or
(ii) in Mt Irvine, Mt Tomah, Mt Wilson and Berambing, it is for the purpose of creating an additional lot from an original lot, (provided that the original lot has an area of at least 20 hectares), or
(iii) it is for the purpose of providing land for public purposes.