New South Wales Consolidated Regulations

FORBES LOCAL ENVIRONMENTAL PLAN 1986 - REG 13

13 Dwelling-houses within Zone No 1 (a)

(1) A dwelling-house shall not be erected on a parcel of land within Zone No 1 (a) unless the parcel:

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

(b) comprises an allotment created by a subdivision in accordance with clause 12 (2) and the use of the dwelling-house is ancillary and subsidiary to the use of the allotment for the purposes of agriculture,

(d) comprises an allotment lawfully created prior to the appointed day and the allotment could have been created in accordance with the provisions of clause 12 if those provisions were in force at the time such allotment was created, or

(e) comprises an allotment in a subdivision to which the approval of the council has been granted pursuant to the provisions of IDO No 1-Shire of Jemalong, as in force at any time before 14 March 1985.

(2) Not more than one dwelling-house shall be erected on a parcel of land referred to in subclause (1) (b), (d) or (e).

(3) One dwelling-house may be erected on a parcel of land referred to in subclause 1 (a) for 40 hectares contained within the parcel, but any dwelling-house (hereinafter called a rural worker’s dwelling) erected after the first dwelling-house has been erected may only be used to accommodate a person employed or engaged in the use of the parcel for the purposes of agriculture.

(4) Nothing in subclause (2) prevents the erection of a dwelling-house on a parcel of land on which another dwelling-house is erected where the use of such first-mentioned dwelling-house shall not commence until the use of the second-mentioned dwelling-house has permanently ceased or such dwelling-house has been demolished.