33Rural Environmental Protection (Hinterland) and (Foreshore Protection) Zones—Subdivision

33 Rural Environmental Protection (Hinterland) and (Foreshore Protection) Zones—Subdivision

33 Rural Environmental Protection (Hinterland) and (Foreshore Protection) Zones—Subdivision

(1) The Council shall not consent to the subdivision of land within Zone No 7 (e) or 7 (f), except in accordance with subclause (2), unless each allotment of land to be created by the subdivision has an area of not less than 40 hectares.

(2) The Council may grant consent to the subdivision of land in Zone No 7 (e) or 7 (f) to create an allotment with an area of less than 40 hectares where it is satisfied the subdivision is not intended for the purpose of creating an allotment for a dwelling-house or dual occupancy development.

(3) Where the Council is of the opinion that a proposed allotment the subject of an application for consent is intended to be used for—

(a) the erection of a dwelling-house or dual occupancy development, the Council shall not grant consent unless allowed by subclause (1), or

(b) any other purpose, the Council shall not grant consent unless it prohibits the erection of a dwelling-house or dual occupancy development on each allotment created by the subdivision.

(4) The Council shall not grant consent to an application to subdivide land within Zone No 7 (e) or 7 (f) 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, groundwater storage and riparian rights), and the cumulative impact of the development on the landscape and on surface and ground water quality and quantity, and on the physical and biological functions of watercourses and riparian corridors,

(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