New South Wales Consolidated Regulations

BREWARRINA LOCAL ENVIRONMENTAL PLAN 2000 - REG 18

18 Dwellings in Zone No 1 (a)

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

(a) the land has an area of:

(i) 10 hectares or more, where the consent authority is satisfied that the land is and will continue to be used for horticulture or viticulture, or

(ii) 2 000 hectares or more, if the consent authority is not so satisfied, or

(b) the land comprises:

(i) an allotment created under this plan otherwise than for the purpose of 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 consent provided the dwelling is set back at least 500 metres from a road boundary or adjoining allotment boundary and is not on environmentally sensitive land, and the allotment concerned has an area of 2 000 hectares or more and its use is primarily for the purpose of agriculture.

(3) Subclause (2) applies only in cases where the allotment has a constructed road access provided within a dedicated road reserve.

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