Kiama Local Environmental Plan 1996
30Rural Environmental Protection (Scenic) Zone—Subdivision
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30 Rural Environmental Protection (Scenic) Zone—Subdivision
30 Rural Environmental Protection (Scenic) Zone—Subdivision
(1) A person shall not subdivide land, including subdivision for the purpose of opening a road, within Zone No 7 (d) except with the consent of the Council.
(2) The Council shall not consent to the subdivision of land within Zone No 7 (d) 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(3)–(5) (Repealed)
(6) A person may, with the consent of the Council, subdivide land within Zone No 7 (d) to create allotments each having an area of at least 40 hectares 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 7 (d) 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 watercourses, ground water storage and riparian rights), and the cumulative impact of the development on surface and ground-water quality and quantity and on the physical and biological functions of watercourses and riparian corridors, and
(d) in relation to each proposed allotment—
(i) the size, quality and potential agricultural productivity of the allotment, and
(ii) its relationship to, and effect on, the structure and nature of agricultural industries in the area, and
(iii) the purpose for which the allotment is intended to be used and the purposes for which, in the opinion of the Council, the allotment is suitable to be used, also having regard to the land uses undertaken on adjacent and adjoining holdings and other holdings in the vicinity, and