Central Coast Local Environmental Plan 2022

The objective of this clause is to facilitate boundary adjustments between lots where 1 or more resulting lots do not meet the minimum lot size but the objectives of the relevant zone can be achieved.

This clause applies to land in the following zones—

Zone RU1 Primary Production,

Zone RU2 Rural Landscape,

Zone C2 Environmental Conservation,

Zone C3 Environmental Management,

Zone C4 Environmental Living.

Development consent may be granted to the subdivision of land to which this clause applies for the purposes of a boundary adjustment between adjoining lots even if 1 or more resulting lots do not meet the minimum lot size shown on the Lot Size Map.

Development consent must not be granted unless the consent authority is satisfied—

the subdivision will not create additional lots or the opportunity for additional dwellings, and

the number of dwellings on each lot after the subdivision will remain the same as before the subdivision, and

the subdivision will not increase the potential for land use conflict, and

if the land is in Zone RU1 Primary Production or Zone RU2 Rural Landscape—the subdivision will not have a significant adverse effect on the agricultural viability of the land, and

if the land is in Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living—the subdivision will result in the continued protection and long term maintenance of the land.

In deciding whether to grant development consent, the consent authority must also consider whether—

the subdivision is likely to be incompatible with the dominant land uses in the surrounding areas, and

the subdivision is likely to have a significant adverse effect on the dominant land uses in the surrounding areas.

This clause does not apply—

in relation to the subdivision of individual lots within a strata plan or community scheme, or

if the subdivision would create a lot that could itself be subdivided in accordance with clause 4.1.