New South Wales Consolidated Regulations

GUYRA LOCAL ENVIRONMENTAL PLAN 1988 - REG 14

14 Erection of dwelling-houses in Zone No 1 (a) or 1 (b)

(1) This clause applies to land within Zone No 1 (a) or 1 (b).

(2) For the purposes of this clause, "existing holding" means:

(a) except as provided by paragraph (b), a holding comprising the area of a lot, portion or parcel of land as it was at 27 November 1970, or

(b) where a person owns 2 or more adjoining or adjacent lots, portions or parcels of land, a holding comprising the aggregation of the areas of those lots, portions or parcels as they were at 27 November 1970.

(3) A dwelling-house may, with the consent of the council, be erected on an allotment of land to which this clause applies if:

(a) the allotment has an area of not less than 200 hectares and, in the opinion of the Council, has adequate constructed access,

(b) in the case of an allotment (other than one referred to in paragraph (c)) having an area of less than 200 hectares:

(i) the allotment has, in the opinion of the Council, adequate constructed access,

(ii) the allotment does not have a dwelling-house situated on it and the Council is satisfied that the land comprises the whole of an existing holding,

(iii) adequate arrangements have been made for the provision of vehicular access to the site of the proposed dwelling-house,

(iv) the erection of the proposed dwelling-house will not create or increase ribbon development along a main or arterial road, and

(v) adequate public utility services will be available to the land, or

(c) the allotment has an area of less than 200 hectares but was lawfully created under Interim Development Order No 4-Shire of Guyra .

(4) A dwelling-house may, with the consent of the Council, be erected on an allotment of land to which this clause applies on which another dwelling-house is erected if the firstmentioned dwelling-house is intended to wholly replace the secondmentioned dwelling-house.

(5) One additional dwelling-house may, with the consent of the Council, be erected on an allotment of land to which this clause applies, being land having an area of not less than 40 hectares, for each 40 hectares of the land, if the Council is satisfied that:

(a) each such additional dwelling-house will be actually occupied by a person employed or engaged by the owner of the land in the use, for the purpose of agriculture, of that land or of land which belongs to the owner and which adjoins or is adjacent to that land, and

(b) the erection of each such additional dwelling-house will not impair the suitability of the land for agriculture.