(1) This clause applies to land shown edged in heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 67)” deposited in the office of the council (the Amendment No 67 land) and to land referred to in Schedule 10 (the Schedule 10 land).
(2) The objectives of this clause are—
(a) to enable—
(i) people to collectively own a single allotment of land and use it as their principle place of residence, and
(ii) the erection of multiple dwellings on the allotment and the sharing of facilities and resources, and
(iii) the collective environmental repair and management of the allotment, and
(iv) the pooling of resources to economically develop a wide range of communal rural living opportunities, and
(b) to facilitate closer rural settlement in a clustered style in a manner that—
(i) protects the environment, and
(ii) does not create an unreasonable demand for the provision of services or a demand for the uneconomic provision of services, and
(iii) does not involve subdivision, creation of strata titles or any other form of separate land title for individual dwellings and does not involve separate legal rights of ownership of determined parts of the land through other means such as agreements, dealings, company shares, trusts or time-sharing arrangements, and
(c) to implement the aims, guiding principles, guidelines and performance standards for rural settlement in the Byron Rural Settlement Strategy 1998, available from the office of the council.
(3) The council may grant consent—
(a) in the case of a parcel of the Amendment No 67 land—to development for the purpose of not more than 6 to 15 dwellings-houses (inclusive of any existing dwellings) on that parcel, and
(b) in the case of each parcel of Schedule 10 land identified in that Schedule—to development for the purpose of not more than the number of dwellings indicated for that parcel in Schedule 10 (inclusive of any existing dwellings) on that parcel.
(4) Such a consent may be granted only if—
(a) the parcel of land comprises a single allotment, and
(b) except in the case of a parcel of Schedule 10 land, the area of the parcel is not less than 20 hectares, and
(c) the council is satisfied that the land will be managed in accordance with the following, both prepared to the council’s satisfaction and addressing the issues specified in the Byron Rural Settlement Strategy 1998—
(i) a Rural Landsharing Management Plan, and
(ii) an Environmental Enhancement and Management Plan, and
(d) the council has taken into account an Environmental Impact Assessment Report addressing the issues specified for such a report in the Byron Rural Settlement Strategy 1998, and
(e) in the case of an allotment of the Amendment No 67 land—
(i) the number of dwelling-houses (inclusive of any existing dwellings) on the allotment will not exceed one dwelling-house for each 3 hectares of the total area of the allotment, and
(ii) for each such dwelling-house there is not less than one hectare of developable land identified in accordance with the Byron Rural Settlement Strategy 1998, and
(f) the location of the dwelling-houses (excluding any existing dwelling or dwellings) is in a clustered style in accordance with the Byron Rural Settlement Strategy 1998.
(5) Except as provided by clause 17B, if the council grants consent in accordance with this clause to development on a parcel of land to which this clause applies, subdivision of that parcel (including subdivision under the Community Land Development Act 1989 or subdivision by means of a strata plan or a strata plan of subdivision within the meaning of the Strata Schemes Development Act 2015 is prohibited.
cl 17A: Ins 1.5.1992. Am 17.7.1998. Subst 10.12.1999. Am 2006 (393), Sch 1 [1]; 2019 No 14, Sch 2.3[2].