Exceptions to minimum subdivision lot sizes for certain land in Zone C4
4.2D Exceptions to minimum subdivision lot sizes for certain land in Zone C4
The objective of this clause is to permit the subdivision of certain land in the East Edge Scenic Protection Lands Area to create lots of a size that are less than the minimum lot size shown on the Lot Size Map in relation to that land.
This clause applies to land identified as “1 ha” on the Lot Averaging Map.
Despite clause 4.1, development consent may be granted to the subdivision of land to which this clause applies if the subdivision will not create a number of lots that is more than the number resulting from multiplying the total area of the land being subdivided by the maximum density control number specified on the Lot Averaging Map in relation to that land.
Development consent must not be granted under this clause unless the consent authority is satisfied that—
the pattern of lots created by the subdivision, the provision of access and services and the location of any future buildings on the land will not have a significant detrimental impact on native vegetation, and
each lot to be created by the subdivision contains a suitable land area for—
a dwelling house, and
an appropriate asset protection zone relating to bush fire hazard, and
if reticulated sewerage is not available to the lot—on-site sewage treatment, management and disposal, and
other services related to the use of the land for residential occupation, and
if reticulated sewerage is not available to the lot—a geotechnical assessment demonstrates to the consent authority’s satisfaction that the lot can suitably accommodate the on-site treatment, management and disposal of effluent, and
adequate arrangements are in place for the provision of infrastructure to service the needs of development in the locality.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.