Lord Howe Island Local Environmental Plan 2010
21Subdivision
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21 Subdivision
21 Subdivision
(1) Despite clause 13, land within Zone 1 Rural may be subdivided with the consent of the consent authority, but only if the area of each proposed allotment is at least 2 hectares.
(2) The consent authority must not consent to the subdivision of land within Zone 2 Settlement unless—
(a) the area of each proposed allotment (except for an allotment referred to in paragraph (b) or (c)) is at least 3,000 square metres, or
(b) if there are one or more existing dwellings (but no existing tourist accommodation, staff accommodation or commercial premises) on a proposed allotment—the total area of the allotment is at least the minimum dwelling area, or
(c) if there is existing tourist accommodation, staff accommodation or commercial premises on a proposed allotment—the total area occupied by any existing buildings comprising, or ancillary to, the accommodation or premises is no more than 15 percent of the balance of the area of the allotment remaining after the minimum dwelling area is deducted from the total area of the allotment.
(3) Despite subclauses (1) and (2) and anything to the contrary in Part 2, land may be subdivided with the consent of the consent authority if—
(a) the consent authority is satisfied that the purpose of the proposed subdivision is to make a minor boundary adjustment between adjoining allotments, and
(b) the proposed subdivision will not divide the land into a greater number of allotments than already exist.
(4) Despite any other provision of this Plan, land may be subdivided with the consent of the consent authority for the purposes of a public utility undertaking, public utility installation, premises of a public authority or recreation area.