New South Wales Consolidated Regulations

HASTINGS LOCAL ENVIRONMENTAL PLAN 1987 - REG 29AA

29AA Multiple occupancy

(1) The Council must, in respect of an application for consent to carry out development for the purposes of multiple occupancy, not determine such an application until it has taken into consideration:

(a) the effects of the proposed development on the present and potential agricultural use of the land and of land in the vicinity, and

(b) topographic and soil limitations with respect to house and access track location and construction, and

(c) vegetation disturbance, and

(d) effluent disposal.

(4) The Council shall not consent to development for the purposes of multiple occupancy unless:

(a) the land has an area of not less than 40 hectares and comprises a single allotment not subdivided whether the Local Government Act 1919 , the Community Land Development Act 1989 or the Strata Titles Act 1973 ,

(b) the height of any building on the land does not exceed 8 metres,

(c) the proposed residential accommodation does not exceed one dwelling for each 5 hectares of the land or 80 dwelling-houses, whichever is less,

(d) the proposed residential accommodation consists of individual buildings or groups or clusters of buildings which together function as dwelling-houses which are located on the land,

(e) the area of land available for common use (other than residential accommodation) comprises not less than 80 per cent of the total area of the land,

(f) the dwelling houses are not situated on land within Zone No 1 (a3),

(g) the development is not carried out for the purposes of a motel, hotel, caravan park or any other type of holiday, tourist or weekend residential accommodation,

(i) the Council has made an assessment of the factors referred to in Schedule 6.

(5) Subclause (4) (g) does not prohibit development of ancillary holiday accommodation within a multiple occupancy.

(6) If development is carried out on land pursuant to this clause, the subdivision of the land under the Local Government Act 1919 and the separate occupation of the several lots illustrated by a proposed community plan, precinct plan, neighbourhood plan or strata plan relating to the land are prohibited.

(7) Subclause (6) does not apply to a subdivision of the land for the purposes of:

(a) widening a public road,

(b) making an adjustment to a boundary between allotments, being an adjustment that does not involve the creation of any additional allotment,

(c) rectifying an encroachment on an allotment,

(d) creating a public reserve,

(e) consolidating allotments, or

(f) excising from an allotment land which is or is intended to be used for public purposes, including drainage purposes, bush fire brigades or other rescue service purposes or public conveniences.