Lake Macquarie Local Environmental Plan 2004
24Subdivision
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24 Subdivision
24 Subdivision
(1) Despite any other provision of this plan, subdivision of land, other than that identified in subclause (9), may be carried out only with development consent.
(2) Land in any zone may be subdivided only if the consent authority is satisfied—
(a) that the resulting lots will conform to the requirements in Schedule 2 (Subdivision standards) applicable to subdivision in that zone, and
(b) the resulting lots can be developed in accordance with this plan.
(3) To avoid doubt, State Environmental Planning Policy No 1—Development Standards applies to a requirement referred to in subclause (2) (a) in the same way as it applies to a development standard.
(4) Consent must not be granted to a subdivision of land in Zone 2 (1) or 2 (2) for the purpose of small lot housing unless consent has been or is also given to the erection on the land of dwellings that will comprise small lot housing.
(5) Consent must not be granted for a subdivision of land in Zone 2 (1) for the purpose of dual occupancy-attached or dual occupancy-detached unless consent has been or is also granted for the erection on the land of dwellings comprising that form of dual occupancy.
(6) (Repealed)
(7) The subdivision of land in Zone 2 (1) or 2 (2) for small lot housing is prohibited if it would result in the creation of any battle-axe lots.
(8) The subdivision of land in Zone 10 is prohibited unless the lots proposed to be created are to be reserved or dedicated for public open space, public roads or environmental protection purposes.
(9) Consent is not required for a subdivision for the purpose only of any one or more of the following—
(a) widening a public road,
(b) a minor realignment of boundaries that does not create—
(i) additional lots or the opportunity for additional dwellings, or
(ii) lots that are smaller than the minimum size provided for by this plan in relation to the land concerned,
(c) a consolidation of lots that does not create additional lots or the opportunity for additional dwellings,