11Subdivision within Zones Nos 1 (a), 1 (b), 1 (c), 5 (d) and 7

11 Subdivision within Zones Nos 1 (a), 1 (b), 1 (c), 5 (d) and 7

11 Subdivision within Zones Nos 1 (a), 1 (b), 1 (c), 5 (d) and 7

(1) This clause applies to land within Zone No 1 (a), 1 (b), 1 (c), 5 (d) or 7.

(2) The council may consent to the subdivision of land to which this clause applies only where the area of each allotment to be created by the subdivision is not less than—

(a) in the case of land within Zone No 1 (a)—40 hectares, or

(b) in the case of land within Zone No 1 (b)—2 hectares, or

(c) in the case of land within Zone No 1 (c)—an area which complies with any requirements relevant to the subdivision set out in Section 4.9 (Rural Development) of Part 4 (Land Use Based Controls) of Penrith Development Control Plan 2006, as adopted by the council on 21 August 2006, or

(d) in the case of land within Zone No 5 (d)—20 hectares, or

(e) in the case of land within Zone No 7 at Agnes Banks, Castlereagh and Wallacia—40 hectares, or

(f) in the case of land within Zone No 7 at Cranebrook and fronting, or with vehicular access to, Cranebrook Road or Boundary Road—2 hectares, or

(g) in the case of land within Zone No 7 at Cranebrook and fronting, or with vehicular access to, Vincent Road—9 000 m2.

(3) The council must not consent to the subdivision of land within Zone No 7 unless it is satisfied that the subdivision will allow the objectives specified in clause 40 (2) (a)–(c) to be met.

(3A) The Council must not consent to a subdivision of land within Zone No 7 at Cranebrook and fronting, or with vehicular access to, Vincent Road, that will create allotments at a lesser density than one per hectare of the land.

(4) Nothing in this clause shall prohibit or restrict a subdivision for any of the following purposes—

(a) the opening or widening of a public road,

(b) minor adjustments to common property boundaries,

(c) rectifying any encroachment upon an existing allotment.

cl 11: Am 12.7.1996; 8.8.1997; 2006 (755), Sch 1 [1].