51Subdivision of land in Zones Nos 2 (a) and 2 (v)

51 Subdivision of land in Zones Nos 2 (a) and 2 (v)

51 Subdivision of land in Zones Nos 2 (a) and 2 (v)

(1) This clause applies to land within Zone No 2 (a) or 2 (v).

(2) Consent must not be granted to subdivision of land to which this clause applies unless the consent authority has had regard to the matters relating to environmental impact specified in Schedule 5.

(3) If the land is within Zone No 2 (a), consent must not be granted to the subdivision of land unless—

(a) each separate lot of land to be created by the subdivision has an area of not less than 400 square metres, and

(b) arrangements satisfactory to the consent authority have been made for the provision of a reticulated water supply, an electricity supply and disposal of stormwater and sewage effluent on each lot to be created, and

(c) the consent authority is satisfied that the number of lots to be created by the subdivision has been maximised, having regard to the matters listed in Schedule 5.

(4) Despite subclause (3) (a), consent may be granted to the subdivision of land so as to create a lot with an area of less than 400 square metres if the plan of the proposed subdivision—

(a) contains a restriction as to user under section 88E of the Conveyancing Act 1919 that limits the erection of a residential flat building on the lot (not being a lot intended to dedicate land as a public road) to such part of the lot as may be determined by the consent authority, or

(b) relates to subdivision, under the Strata Schemes (Freehold Development) Act 1973 or Strata Schemes (Leasehold Development) Act 1986, of an existing building.

cl 51: Subst 14.6.2002. Am 14.5.2004; 2006 (672), Sch 1 [17].