Lake Macquarie Local Environmental Plan 2014

The objectives of this clause are as follows—

to provide for the subdivision of lots that are within more than one zone but cannot be subdivided under clause 4.1,

to ensure that the subdivision occurs in a manner that promotes suitable land use and development, while protecting the rural and environmental attributes of the land,

to allow for the subdivision of certain land in conservation zones to protect the environmental values of the land.

This clause applies to each lot (an original lot) that contains—

land in a residential, employment or mixed use zone, Zone RU4 Primary Production Small Lots or Zone C4 Environmental Living, and

land in Zone RU2 Rural Landscape, Zone C2 Environmental Conservation or Zone C3 Environmental Management.

Despite clause 4.1, development consent may be granted to subdivide an original lot to create other lots (the resulting lots) if—

one of the resulting lots will contain—

land in a residential, employment or mixed use zone, Zone RU4 Primary Production Small Lots or Zone C4 Environmental Living that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and

all of the land in Zone RU2 Rural Landscape, Zone C2 Environmental Conservation or Zone C3 Environmental Management that was in the original lot, and

all other resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land.

Despite subclause (3), development consent may be granted to subdivide an original lot to create a lot that contains land only in Zone C2 Environmental Conservation or Zone C3 Environmental Management that is less than the minimum size shown on the Lot Size Map in relation to that land if the consent authority is satisfied that the subdivision will facilitate the ongoing protection and management, for conservation purposes, of the land.

Before granting consent to development to which this clause applies, the consent authority must be satisfied that the subdivision—

is not likely to have a significant adverse impact on the environmental values of the land, and

will not compromise the continued protection and long-term maintenance of any land in a conservation zone, and

is not likely to have a significant adverse impact on the agricultural viability of land in a rural zone.