New South Wales Consolidated Regulations

CESSNOCK LOCAL ENVIRONMENTAL PLAN 1989 - REG 13B

13B Dwelling-houses within Zone No 1 (bwc)

(1) The Council may consent to the erection of one, but not more than one, dwelling-house on land comprising a lot within Zone No 1 (bwc), but only if:

(a) the land has an area of not less than 40 hectares, and

(b) there is no existing dwelling-house on the land.

(2) Subclause (1) (a) does not prevent the erection of one, but not more than one, dwelling-house on land having an area of less than 40 hectares if the land:

(a) is vacant land that was previously subdivided under clause 12 (4) when the land was within Zone No 1 (a), including any residue of an existing holding after that subdivision, or

(b) is vacant land comprising the whole of an existing holding.

(3) Subclause (1) (b) does not prevent the erection of a dwelling-house on land on which there is an existing dwelling-house if the dwelling-house to be erected:

(a) is intended to replace the existing dwelling-house, and

(b) is not occupied until the existing dwelling-house is demolished or its occupation for the purposes of human habitation has permanently ceased.