New South Wales Consolidated Regulations

CABONNE LOCAL ENVIRONMENTAL PLAN 1991 - REG 19

19 Erection of additional dwellings in Zones Nos 1 (a), 1 (c) and 7 (c)

(1) The Council may consent to the erection of 1 but not more than 1, additional dwelling for every 40 hectares of land within Zone No 1 (a) or 7 (c) (including the alteration of an existing dwelling to create 2 dwellings) where:

(a) a dwelling-house could be erected on the land in accordance with clause 18,

(b) no additional access to a public road is required from the land,

(c) separate ownership of the proposed dwelling could only be achieved by a subdivision of the land,

(d) in the opinion of the Council, the dwelling to be erected on that land will not interfere with the purpose for which the land is being used, and

(e) the dwelling will not compromise prime crop and pasture land.

(2) The Council may consent to the erection of a second dwelling within Zone No 1 (c), or within Zone No 1 (a) or 7 (c) on a holding of less than 40 hectares, provided that:

(a) the Council is satisfied that adequate capacity exists for the on-site disposal of wastes and to provide adequate services to the second dwelling,

(b) a dwelling-house could be erected on the land in accordance with clause 18,

(c) no additional access to a public road is required from the land,

(d) separate ownership of the proposed dwelling-house could only be achieved by subdivision of the land,

(e) in the opinion of the Council, the dwelling to be erected on that land will not interfere with the purpose for which the land is being used, and

(f) the dwelling will not compromise prime crop and pasture land.

(3) The Council shall not consent to the subdivision of land on which one additional dwelling is erected in pursuance of this clause except in accordance with this plan.