New South Wales Consolidated Regulations

GRIFFITH LOCAL ENVIRONMENTAL PLAN 2002 - REG 21

21 Single dwellings within Zones 1 (a), 1 (b), 1 (c), 1 (d), 1 (e), 1 (g), 1 (h), 1 (i) and 7 (c)

(1) This clause applies to land with Zones 1 (a), 1 (b), 1 (c), 1 (d), 1 (e), 1 (g), 1 (h), 1 (i) or 7 (c).

(2) One dwelling may be erected with consent on vacant land within Zone 1 (a), 1 (b), 1 (d), 1 (e) or 1 (i), but only if the land has an area of:

(a) 20 hectares or more for land used for horticulture, or

(b) 200 hectares or more for irrigation land, or

(c) 500 hectares or more for land that is neither land used for horticulture nor irrigation land.

(3) A dwelling may be erected on vacant land within Zone 1 (c) or 7 (c) on a lot created pursuant to a consent granted after the commencement of this plan only if the consent was granted in accordance with clause 16.

(5) A dwelling may be erected with consent on a lot of vacant land within Zone 1 (h) created in accordance with clause 19.

(6) Despite subclauses (2), (3) and (5), a dwelling may be erected with development consent on vacant land consisting of:

(a) the whole of an existing holding, or

(b) a lot created under this plan for a purpose other than agriculture where the consent authority considers that an ancillary dwelling is necessary, or

(c) a lot created in accordance with a consent granted before the appointed day, being a lot on which a dwelling could have been erected immediately before the appointed day.

(7) Nothing in this clause prevents a person, with development consent, from erecting a dwelling that will wholly replace another dwelling that was lawfully erected.

(8) In this clause, "vacant land" means land on which no dwelling is erected.

Note: Refer to Council’s Practice Note No 9 as to the required level of documentation to satisfy clause 21 (2) (a).