New South Wales Consolidated Regulations

CABONNE LOCAL ENVIRONMENTAL PLAN 1991 - REG 18

18 Dwelling-houses in Zones Nos 1 (a), 1 (c) and 7 (c)

(1) Subject to subclause (2), a person shall not erect a dwelling-house on vacant land within Zone No 1 (a), 1 (c) or 7 (c) unless:

(a) the land has an area of 100 hectares or more (or, in the case of land within Zone No 1 (c), the land has an area of 0.4 hectares or more), or

(b) the land comprises:

(i) the whole of an existing holding,

(ii) an allotment created for a purpose (other than agriculture) in accordance with this plan, or

(iii) an allotment created in accordance with a consent granted before the appointed day, being an allotment on which a dwelling could have been erected immediately before the appointed day, or

(iv) a viable intensive agricultural holding which is established either in accordance with a subdivision consent referred to in clause 13 or on an existing allotment in accordance with the requirements specified in clause 13 (2) (a) and (b), or

(v) land as described in Schedule 2.

(2) The Council may consent to the erection of a dwelling-house in land within Zone No 1 (a) or 7 (c) where:

(a) the dwelling-house is ancillary to the use of the land for another purpose, and

(b) the Council is satisfied that:

(i) the land could not reasonably be used for that primary purpose without the erection of that dwelling-house, and

(ii) the dwelling house is to be located so as to minimise any adverse effect on the use of the land for that primary purpose.

(3) Subject to subclause (1), in the case of any parcel having an area of less than 2 hectares, the Council will need to be satisfied that the allotment contains an adequate area for the on-site disposal of wastes.