New South Wales Consolidated Regulations

BERRIGAN LOCAL ENVIRONMENTAL PLAN 1992 - REG 18

18 Dwelling-houses within Zone No 1 (a)

(1) In this clause, "vacant land" means land on which no dwelling-house is erected.

(2) A person shall not erect a dwelling-house on vacant land within Zone No 1 (a) unless:

(a) the land comprises:

(i) an existing holding, other than an allotment that the Council is satisfied was created in accordance with a consent granted before the appointed day for a purpose other than the erection of a dwelling-house,

(ii) an allotment that the Council is satisfied was created in accordance with this plan for a purpose other than agriculture, or

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

(b) the land has an area of not less than 120 hectares, or

(c) the land has an area of not less than 20 hectares and has the benefit of a licence to irrigate horticultural crops issued under section 12 of the Water Act 1912 , or

(d) the dwelling-house is ancillary and subsidiary to the present or intended development of that land.