36Subdivision and development in rural zones

36 Subdivision and development in rural zones

36 Subdivision and development in rural zones

(1) Consent must not be granted to the subdivision of land within a zone shown in Column 1 of the Table to this subclause unless the area of each lot to be created is not less than the area shown opposite that zone in Column 2 of the table.

Table

| Column 1 | Column 2 | | Zone | Minimum area | | No 1 (a) General Rural Zone | 40 ha | | No 1 (b) Agricultural Zone | 20 ha (see Note 1 to this Table) | | No 1 (c) Rural Residential Zone | 0.2 ha (see Note 2 to this Table) | | No 1 (d) Investigation Zone | 40 ha | | No 1 (r) Riverlands Zone | 40 ha |

Note 1.

See also subclause (2).

Note 2.

See also clause 40 (2) (e).

(2) Notwithstanding subclause (1), consent may be granted to the subdivision of land within Zone No 1 (b), if the consent authority is satisfied the land will be used for the purpose of horticulture, where the area of each lot to be created is not less than 13 hectares and, before consent is granted, a plan of management and a financial feasibility report have been prepared that are to the satisfaction of the consent authority.

(3) In determining an application to which subclause (2) applies, the consent authority shall consider the following matters—

(a) the area and quality of the land concerned and its potential horticultural productivity,

(b) the likely effects, both economic and otherwise, that the proposed subdivision will have on agricultural/horticultural industries in the area and the resources employed by or in connection with those industries,

(c) the likely effects, both economic and otherwise, that the proposed subdivision will have on the use and development of other land and resources in the area,

(d) whether there are any reasonable alternatives to the proposed subdivision in the circumstances,

(e) the effect of the existence of, or potential to erect, a dwelling on the land concerned,

(f) the cumulative effect of similar proposals,

(g) the likelihood of the proposed lots remaining available for horticultural use,

(h) the adequacy of the water supply to the proposed lots.