New South Wales Consolidated Regulations

CONARGO LOCAL ENVIRONMENTAL PLAN 1987 - REG 13

13 Dwelling-houses-rural land

(1) This clause applies to land within Zone No 1 (a).

(2) Except with the consent of the Council, a person shall not erect a dwelling-house on an allotment of land to which this clause applies having an area of less than 40 hectares.

(3) The Council shall not grant consent to the erection of a dwelling-house on an allotment of land to which this clause applies having an area of less than 40 hectares unless the allotment:

(a) comprises the whole of an existing holding, within the meaning of clause 11 (or an allotment which formed part of any such existing holding) being an allotment created by a subdivision effected on or after the appointed day for one or more of the purposes referred to in clause 11 (9) and on which no dwelling-house is erected, and the Council is satisfied that:

(i) there will be adequate vehicular access to the dwelling-house,

(ii) the erection of the dwelling-house will not create or increase ribbon development along a main road, and

(iii) adequate public utility services are or will be available to the existing holding,

(b) is an allotment referred to in clause 11 (5) (a) and the Council is satisfied that the dwelling-house is ancillary or subsidiary to the present or intended use of the land for the purpose of agriculture, or

(d) is an allotment created by a subdivision referred to in clause 11 (6).

(4) One additional dwelling-house may, with the consent of the Council, be erected on land to which this clause applies if the Council is satisfied that each such additional dwelling-house will be actually occupied by a person employed or engaged by the owner of the land in the use, for the purpose of agriculture, of that land or land belonging to that owner which adjoins or is adjacent to that land.

(5) A dwelling-house may, with the consent of the Council, be erected on an allotment of land to which this clause applies on which another dwelling-house is erected if the first-mentioned dwelling-house is intended to wholly replace the second-mentioned dwelling-house.

(6) The Shire Clerk of the Council may issue a certificate to the effect that the land specified or described in the certificate is an existing holding to which subclause (3) (a) applies and, where any such certificate has been issued, the land so specified or described shall be deemed to be an existing holding for the purposes of that paragraph.