New South Wales Consolidated Regulations

BOMBALA LOCAL ENVIRONMENTAL PLAN 1990 - REG 19

19 Dwelling-houses-Zone No 1 (a)

(1) The council shall not consent to the erection of a dwelling-house on vacant land within Zone No 1 (a) having an area of less than 40 hectares unless the land consists of:

(a) an existing holding,

(b) an allotment created pursuant to clause 16 and a dwelling-house is, in the opinion of the council, necessary for the use of the land for the purpose of intensive agriculture,

(c) an allotment created pursuant to clause 17,

(d) an allotment created in accordance with a consent granted before the appointed day, being an allotment on which a dwelling-house could have been erected immediately before the appointed day,

(e) an allotment created pursuant to clause 18 where the use of the dwelling-house will be or is ancillary to the use of the land for a permissible purpose other than agriculture or intensive agriculture and the council is satisfied that:

(i) the land could not reasonably be used for that purpose without the erection of the dwelling-house, and

(ii) the dwelling-house is to be located so as to minimise any averse effect on the use of the land for that other purpose.

(2) Subject to the provisions of clause 21 and this clause, only one dwelling-house may be erected on an allotment or portion of land within Zone No 1 (a).

(3) A person may, with the consent of the council, erect additional dwelling-houses on an allotment or portion of land within Zone No 1 (a) provided that any such additional dwelling-house is erected after the first dwelling-house and is used exclusively to accommodate a person employed or engaged in the use of the allotment or portion for the purposes of agriculture.

(4) Nothing in subclause (2) shall prevent the erection of a dwelling-house on land on which another dwelling-house is erected, where the dwelling-house is intended to replace the original dwelling-house and is not occupied until the original dwelling-house is demolished or its occupation has permanently ceased.

(5) Notwithstanding the provisions of this clause but subject to subclause (6), the council may grant consent to the erection of a dwelling-house on an existing allotment or portion of land within Zone No 1 (a) that is not an existing holding where the council is satisfied that:

(a) the erection of a dwelling-house will not create any substantial conflict with the objectives of Zone No 1 (a),

(b) adequate practical and legal access to the allotment or portion is available, and

(c) the erection of a dwelling-house will not create or increase a demand for the uneconomic provision of services to the locality.

(6) Where consent is granted to a dwelling-house as referred to in subclause (5), the allotment or portion of land on which the dwelling-house is, or is proposed to be, erected shall for the purpose of clause 17 (2) be deemed to be an allotment created pursuant to clause 17 (1).