Limitations on land division in district
8 Limitations on land division in district
This section applies to a proposed development in the rural area that involves a division of land under the Planning, Development and Infrastructure
Act 2016 that would create 1 or more additional allotments.
A relevant authority (other than the State Planning Commission) must not grant development authorisation to a development to which this section applies unless the State Planning Commission concurs in the granting of the authorisation.
If the State Planning Commission is the relevant authority, the
State Planning Commission must not grant development authorisation to a development to which this section applies unless the council for the area where the proposed development is situated concurs in the granting of the authorisation.
No appeal under the Planning,
Development and Infrastructure Act 2016 lies against a refusal by a relevant authority to grant development authorisation to a development to which this section applies or a refusal by the State Planning
Commission or a council to concur in the granting of such an authorisation.
If a proposed development to which this section applies—
is located in a part of the rural area other than a rural living area; and
will create additional allotments to be used, for residential development, the relevant authority must refuse to grant development authorisation in relation to the proposed development (if the application for the development authorisation for the division of the land was made after the commencement of this section).
If the relevant authority determines an application in respect of a development authorisation on the basis of subsection (5), the relevant authority must notify the applicant of that fact.
If—
after the commencement of this section, an application for development authorisation is made in relation to a proposed development to which this section applies; and
the proposed development is located within a rural living area and will create 1 or more additional allotments to be used for residential development; and
the prescribed allotment provisions provide for a larger minimum allotment size than the provisions that would otherwise apply in relation to the proposed development, the prescribed allotment provisions will apply in relation to the proposed development despite the provisions of the Planning and Design Code (to the extent of the inconsistency) and section 132(2) of the
Planning, Development and Infrastructure
Act 2016.
A development authorisation granted in relation to a proposed development to which this section applies (other than within a rural living area) will be taken to be subject to the condition that the additional allotments created will not be used for residential development (if the application for the development authorisation for the division of land was made after the commencement of this section).
In this section—
prescribed allotment provisions means the provisions of the Development Plan under the Development Act 1993 relating to the rural area and relating to the minimum size allotments that were in force on the prescribed day (after the commencement of the operation of any amendments to that Development Plan) that were made on that day;
prescribed day means the day on which this Act was introduced into the House of
Assembly.
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