New South Wales Consolidated Regulations

BEGA VALLEY LOCAL ENVIRONMENTAL PLAN 2002 - REG 17

17 Controls for erecting dwelling houses within Zone 1 (a)

(1) Despite any other provision of this plan except this clause, consent must not be granted to the erection of a dwelling house on an allotment in Zone 1 (a) unless the land:

(a) comprises an allotment of not less than 120 hectares, or

(b) comprises an allotment created for the purpose of a dwelling house by a subdivision for which consent has been granted,

(c) comprises an allotment identified as the residue in a subdivision for which consent has been granted for the excision of allotments for the purpose of a dwelling house, or

(d) comprises an existing holding on which there is no other dwelling house and the consent authority is satisfied that:

(i) the land is of sufficient size and the soils are of appropriate quality for the effective on-site disposal of domestic waste, and

(ii) the erection of a dwelling house will not create or increase any demand for the uneconomic provision or upgrading of roads and other utilities to that land.

(2) Notwithstanding any other provision of this clause, consent may be granted to the erection of a dwelling house on an allotment (including a portion of a Parish or a lot in a Crown plan) within Zone 1 (a) that was lawfully created prior to 7 January 1966 and that is not an existing holding if the consent authority is satisfied that:

(a) the erection of the dwelling house will not create any substantial conflict with the objectives of the zone, and

(b) the erection of a dwelling house will not create or increase demand for the uneconomic provision of services to the locality, and

(4) Consent may be granted to a development application made pursuant to subclause (2) for land within an existing holding that at 1 July 2000 was owned separately from any other land within the existing holding, even where that development application does not comply with one or more of paragraphs (d), (e), (f), (g), (h) and (l) of subclause (5) if a dwelling house was otherwise permissible on the land immediately prior to the commencement of this plan.

(5) Consent must not be granted to the erection of a dwelling house pursuant to subclause (2) on any land unless the consent authority is satisfied that:

(a) the land has a suitable dwelling house site, and

(b) use of the land and the dwelling house will not adversely affect the economic viability of existing farmland, and

(c) the dwelling house will not be located near operational aspects of a farm, and

(d) the land is located outside areas designated as Class 1 or 2 in the New South Wales Department of Agriculture’s “ Agricultural Land Classification Atlas, Far South Coast Region New South Wales ” dated August 1986, and

(e) the land is not part of an inholding within a national park within the meaning of the National Parks and Wildlife Act 1974 , and

(f) the dwelling house will not be located within 100m of the boundary of a national park or nature reserve within the meaning of the National Parks and Wildlife Act 1974 , and

(g) the dwelling house has legal and practical access to an existing Council-maintained public road, and

(h) use of the land and the dwelling house will not create a need for any additional access onto a State highway or an arterial road, and

(i) the dwelling house will be located outside any areas of bushfire hazard identified by the Council, and

(j) the dwelling house is to be serviced by existing electricity reticulation or short extensions from the existing reticulation network, or utilises alternative stand-alone electric power systems, and

(k) the land has soils suitable for on-site sewage management disposal, and

(l) the land does not contain or adjoin perennial streams and does not have access by easement for drawing water from perennial streams, and

(m) the dwelling house and its use will not adversely affect important features of cultural or natural heritage nor disrupt regional ecological systems or processes.

(6) Nothing in subclause (1) shall prevent the erection of a dwelling house on land in Zone 1 (a) on which another dwelling house has been lawfully erected if the first mentioned dwelling house is intended to replace the other dwelling house and is not to be occupied until the other dwelling house is demolished or its occupation has permanently ceased.

(7) Despite any other provision of this plan, consent may be granted to the erection of a dwelling house on an allotment in Zone 1 (a) resulting from a minor boundary adjustment, consolidation, road widening or acquisition for a public purpose or a combination of these where the consent authority is satisfied that the allotment is substantially the same as the allotment that existed immediately prior to the minor boundary adjustment, consolidation, road widening or acquisition for a public purpose and the erection of a dwelling house would be permissible on that former allotment under this clause.
In this subclause, "minor boundary adjustment" means an alteration of a boundary between allotments:

(a) that does not result in the creation of any additional number of allotments, and

(b) that the consent authority is satisfied is of a minor nature and will not result in any significant adverse environmental effect.

(8) In considering whether to grant consent to a development application made pursuant to subclause (6) or (7), the consent authority must have regard to the matters for consideration listed in subclause (5).

(9) Consent may be granted to the erection of a second dwelling house on any allotment in Zone 1 (a) on which a dwelling house may be erected under this clause, subject to the following:

(a) compliance with all requirements under this plan that would apply if only one dwelling house was proposed to be erected on the allotment, and

(b) the development resulting in not more than two dwellings on the allotment, and

(c) the land not being used for an ecotourism facility or tourist accommodation.

(10) An allotment in Zone 1 (a) containing more than one dwelling house shall not be subdivided except in conformity with clause 15.