[Amit Anand]

Hi Guys,

I need some help in finding out what sec of LGA 1993 describes the conditions under which a parcel of land can be classified as “Rural”. I am unable to find under what provisions of the Act we can make this determination.
I have had a sub division on a parcel of land which was about 9 Hectares. It has been sub-divided and a new lot was created with 3 Hectares and a new house has been erected on this lot. I believe that it should be classified as general residential, however the original lot was classified as Residential Rural.

I want to know under what provisions can a parcel be classified as rural.

Regards
Amit Anand

[Robert Hay]

Hi Amit

The LGA 1993 dictionary describes rural residential as
“rural residential land” means land that:
(a) is the site of a dwelling, and
(b) is not less than 2 hectares and not more than 40 hectares in area, and
(c) is either:
(i) not zoned or otherwise designated for use under an environmental planning instrument, or
(ii) zoned or otherwise designated for use under such an instrument for non-urban purposes, and
(d) does not have a significant and substantial commercial purpose or character.

The property as you have described depending on the lep and zoning in (c) would be Rural Residential as per the dictionary definition.

Hope this helps
Robert

[Author]

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