New South Wales Consolidated Regulations

BOURKE LOCAL ENVIRONMENTAL PLAN 1998 - REG 18

18 Dwellings in Zone No 1 (a)

(1) A person must not erect a dwelling on vacant land within Zone No 1 (a) unless:

(a) the land has an area of:

(i) 20 hectares or more, where the land is used primarily for horticulture or viticulture, or

(ii) 2 000 hectares or more, where the land is not used primarily for horticulture or viticulture, or

(b) the land comprises:

(i) an allotment created in accordance with this plan for a purpose other than agriculture, or

(ii) 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 before the appointed day, or

(iii) an existing holding.

(2) On vacant land within Zone No 1 (a), a person may erect a dwelling-house without the consent of the Council if the dwelling is set back at least 500 metres from each road boundary and adjoining allotment boundary and the allotment concerned has an area of 2 000 hectares or more.

(3) Subclause (2) allows the erection of a dwelling-house only in cases where the allotment has constructed road access provided within a dedicated road reserve.

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