New South Wales Consolidated Regulations

EUROBODALLA RURAL LOCAL ENVIRONMENTAL PLAN 1987 - REG 14

14 Dwelling-houses within Zone No 1 (a), 1 (a1) or 7 (f1)

(1) This clause applies to land within Zone No 1 (a), 1 (a1) or 7 (f1).

(2) A dwelling-house shall not be erected on land to which this clause applies, except with the consent of the Council given in accordance with this clause.

(3) The Council may consent to the erection of a dwelling-house on land within Zone No 1 (a) or 7 (f1) that is an existing parcel and on which no other dwelling-house is erected.

(4) The Council may consent to the erection of a dwelling-house on land within Zone No 1 (a) or 7 (f1) that comprises an allotment (not being a Parish portion):

(a) on which no other dwelling-house is erected,

(b) that has an area of not less than 1 000 square metres and not more than one hectare,

(c) which was, immediately before the creation of the allotment (not being an allotment referred to in subclause (6)) part of an existing parcel having an area of more than 20 hectares, and

(d) that is owned by the same person or persons who own the remainder of the land contained in the existing parcel referred to in paragraph (c),

if the Council is satisfied that the dwelling-house is intended to be occupied by the owner or a relative of the owner of the land and that the erection of the dwelling-house will not adversely affect the continued agricultural use of the remainder of the land contained in the existing parcel.

(5) One and only one dwelling-house or dual occupancy may be consented to under subclause (4) in respect of the existing parcel referred to in paragraph (c) of that subclause.

(6) Subject to subclause (8), the Council may consent to the erection of a dwelling-house on any land to which this clause applies which comprises an allotment on which no other dwelling-house is erected and which was created in a subdivision approved by the Council under Interim Development Order No 1-Shire of Eurobodalla , clause 11 of Interim Development Order No 2-Shire of Eurobodalla , or clause 32 (1) (a), (5) or (6), of Interim Development Order No 3-Shire of Eurobodalla , or which is described in Schedule 3 (subject to any conditions specified in that Schedule in relation to the land concerned).

(7) Nothing in this plan prevents the Council from consenting to the erection of a dwelling-house on a holding of land to which this clause applies:

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

(b) on which no other dwelling-house is erected, and

(c) for which documentary evidence is produced to the satisfaction of the Council that the holding of land the subject of any development application is a holding within the meaning of this clause.

(7A) The Council may consent to the erection of a dwelling-house on land within Zone No 1 (a1) on which no other dwelling-house is erected, being land shown on the map as “Land to which clause 14 (7A) of Eurobodalla Rural Local Environmental Plan 1987 applies”.

(8) Subclause (6) does not apply to land known as Portions 4, 5, 13, 39, 53, 54, 55, 57, 104 Parish of Buckenbowra, Portions 1, 3, 4, 5, 7, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 31, 32 Parish of Mullenderee and Lots 1 and 3 DP 221341, and Lots 115, 116 DP 704689 and Lots 1 to 12 DP 777171, and Lots 45, 46 DP 777170 and various closed roads within the Parishes of Buckenbowra and Mullenderee, located in the Buckenbowra Valley.

(9) Nothing in this plan prevents the Council from consenting to the erection of a dwelling-house on land on which a lawfully erected dwelling-house exists, where the new dwelling-house is to replace the existing dwelling-house (whether or not in the same location), and on occupation of the new dwelling-house, the original dwelling-house is to be demolished or rendered permanently incapable of human occupation.

(10) In this clause:
"holding" means the total area of any adjoining or adjacent land held in the same ownership on 11 December 1987.
"existing parcel" means the total area of a parcel of adjoining or adjacent land:

(a) that was owned by the same person or persons on 9 August 1963, and

(b) that is still owned by the same person or persons whether or not being the person or persons referred to in paragraph (a),

and includes any such parcel of land to which additional adjoining or adjacent land has been added since 9 August 1963.

(11) The Council may consent to the erection of a dwelling-house pursuant to subclause (3), (4), (6) or (7) notwithstanding:

(a) an adjustment of the boundaries between the land and adjoining land where no additional lot is created, or

(b) a reduction of the area of the land by subdivision creating or widening a public road or public reserve or for another public purpose where, in the opinion of the Council, there will be no increase in the number of dwelling-houses likely to be erected after the subdivision.