New South Wales Consolidated Regulations

CESSNOCK LOCAL ENVIRONMENTAL PLAN 1989 - REG 13

13 Dwelling-houses-Zone No 1 (a)

(1) Except as provided by subclause (2) or (4) or by clause 24, one, but not more than one, dwelling-house may be erected on land within Zone No 1 (a) if the land:

(a) has an area of not less than 40 hectares, or

(b) is an existing holding and the Council is satisfied that:

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

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

(iii) a water supply and facilities for the removal of sewage and drainage are available or, if any such supply or facility is not so available, arrangements satisfactory to the Council have been made for the provision of that supply or facility to the existing holding.

(1A) If a residue allotment of land within Zone No 1 (a) having an area of less than 40 hectares is created by an amalgamation referred to in clause 11 (2) (d), a dwelling-house may be erected on the residue allotment only if:

(a) a dwelling-house could have been erected, pursuant to subclause (1), on the allotment existing prior to the amalgamation, or

(b) the amalgamation creates an allotment that meets the criteria set out in subclause (1),

and the allotment is not an allotment originally created under clause 12 (4) whose area, as a result of the amalgamation, exceeds 2 hectares.

(2) In addition to a dwelling-house permitted by subclause (1), one additional dwelling-house may, with the consent of the Council, be erected where that additional dwelling-house is or will be actually occupied by a person employed or engaged by the owner of the land in the actual use of the land for the purpose of agriculture.

(3) A dwelling-house may be erected on an allotment of land created by a subdivision referred to in clause 12 (3) where the use of the dwelling-house is ancillary and subsidiary to the purpose for which the allotment is used.

(4) Nothing in this clause shall prevent the erection of a dwelling-house on land on which another dwelling-house is erected where the dwelling-house to be erected is intended to replace the original dwelling-house and is not occupied until the original dwelling-house is demolished or its occupation has permanently ceased.

(5) The Council must not grant consent to development on a lot that was created under clause 12 (4) before the repeal of that subclause by Cessnock Local Environmental Plan 1989 (Amendment No 109) (commonly known as a concessional lot) unless satisfied that the lot will be used primarily for the purpose of a dwelling-house.