Kiama Local Environmental Plan 1996
10Rural “A” Zone—Subdivision
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10 Rural “A” Zone—Subdivision
10 Rural “A” Zone—Subdivision
(1) A person shall not subdivide land, including for the purpose of opening a road, within Zone No 1 (a) except with the consent of the Council.
(2) The Council shall not consent to the subdivision of land within Zone No 1 (a) unless it has obtained all relevant information in relation to, and has made an assessment of—
(a) the primary purpose for which each allotment is intended to be used, and
(b) if that purpose is agriculture, the form of agriculture for which the allotment is intended to be used.
(3) Where the Council is of the opinion that a proposed allotment the subject of an application for consent required by subclause (1) is intended to be used for—
(a) the erection of a dwelling-house, the Council shall not grant consent unless it is an application allowed by subclause (6), or
(b) any other purpose, the Council shall not grant consent unless it prohibits the erection of a dwelling-house on each proposed allotment created by the subdivision.
(4) (Repealed)
(5) Only one allotment may be created in accordance with subclause (4) from land that has been the subject of a development application after the commencement of this plan.
(6) A person may, with the consent of the Council, subdivide land within Zone No 1 (a) to create allotments each having an area of at least 40 hectares that the Council is satisfied will be used for the purpose of the erection of a dwelling-house on each allotment.
(7) The Council shall not grant consent to an application to subdivide land within Zone No 1 (a) unless it has considered—
(a) the relationship of the proposed allotments to be created by the subdivision to adjacent or adjoining allotments and the practicality of consolidating the adjoining allotments with that land, and
(b) the quality of the land and the potential agricultural productivity of the land if it remains un-subdivided, and
(c) the likely impact of the subdivision on the landscape, vegetation, soil resources and stability and water resources (including the quality of water courses, ground water storage and riparian rights), and the cumulative impact of the subdivision, the future use of the land and the use of other land in the vicinity on surface and ground water quality and quantity and on the physical and biological functions of watercourses and riparian corridors, and