Shellharbour Rural Local Environmental Plan 2004
18Subdivision of land in the 1 (a) Agriculture or 1 (rl) Rural Landscape Zone
Start here
Get a plain-English read of 18
Turn the raw legal text into a practical explanation grounded in Shellharbour Rural Local Environmental Plan 2004.
18 Subdivision of land in the 1 (a) Agriculture or 1 (rl) Rural Landscape Zone
18 Subdivision of land in the 1 (a) Agriculture or 1 (rl) Rural Landscape Zone
(1) Consent for the subdivision of land in the 1 (a) Agriculture or 1 (rl) Rural Landscape Zone may be granted only if—
(a) the consent authority is satisfied that—
(i) the land is intended and likely to be used for development that is permissible under this plan and is consistent with the ecologically sustainable development goals and objectives of this plan, and
(ii) each proposed lot has an area equal to or greater than 40 hectares or, if it has a smaller area, has been created in accordance with clause 24, or
(b) the subdivision is to adjust a boundary between two existing lots where—
(i) no additional lots will be created, and
(ii) the proposed lot configuration will not result in the creation of a lot of less than 40 hectares on which an existing house will be situated or a house is proposed to be erected.
(2) Requirements for subdivision of land Before granting consent to the subdivision of land in the 1 (a) Agriculture or 1 (rl) Rural Landscape Zone, the consent authority must be satisfied that, to the fullest extent possible or practicable, allotment boundaries follow catchment, topographical or other natural features so as to facilitate long-term biodiversity conservation management and implementation of the principles of ecologically sustainable development.
(3) Consent must not be granted for a subdivision of land in the 1 (a) Agriculture or 1 (rl) Rural Landscape Zone that is wholly or partly within an area of high conservation value unless the consent authority has considered a property management plan.
(4) Before granting consent for a subdivision of land in the 1 (a) Agriculture or 1 (rl) Rural Landscape Zone, the consent authority must have regard to—
(a) the capability of the land for agricultural use, and
(b) the ability to site a house and associated buildings on the land, and
(c) the visual impact that any proposed development of the land will have on the visual character and amenity of the surrounding area, including the visual impact of any clearing and fencing that will be undertaken as a consequence of the subdivision, and