11BSubdivision of certain land at Milton

11B Subdivision of certain land at Milton

11B Subdivision of certain land at Milton

(1) This clause applies to land at Milton being Lot 314, DP 873036, part of Portion 198 within the Parish of Ulladulla, County of St Vincent and parts of roads closed by notifications published in the Government Gazette on 30 September 1899 at page 7443 and on 13 August 1954 at pages 2485–2486, as shown edged heavy black on the map marked “City of Shoalhaven Local Environmental Plan 1985 (Amendment No 151)”.

(2) A person shall not subdivide land referred to in subclause (1) except with the consent of the Council.

(3) Consent must not be granted for a subdivision of land referred to in subclause (1) unless the Council has assessed the purpose for which each proposed allotment created by the subdivision is intended to be used.

(4) Consent must not be granted for such a subdivision if the Council is of the opinion that an allotment proposed to be created by it will include part of Portion 198 or a part of a closed road referred to in subclause (1) and will be—

(a) a concessional allotment, or the residue of land remaining after the creation of such a concessional allotment, or

(b) used for the erection of a dwelling-house or for dual occupancy development, or

(c) used for any other purpose unless the Council, as a condition of the consent, prohibits the erection of a dwelling-house and the carrying out of dual occupancy development on each allotment created by the subdivision.

(5) The Council may consent to—

(a) the subdivision of Lot 314, DP 873036 into two lots comprising one lot of about 6 hectares and one lot of about 30 hectares, and

(b) the erection of one dwelling-house on each lot referred to in paragraph (a).

(6) Development consent for a building on the lot of approximately 30 hectares shall not be granted unless the building is contained within the building envelope shown on the map referred to in subclause (1).

(7) The Council shall not grant a consent pursuant to subclause (5) (a)—

(a) until such time as Development (Subdivision) Consents S/F 7553 and S/F 8386 have been revoked or have lapsed pursuant to the Environmental Planning and Assessment Act 1979, or