New South Wales Consolidated Regulations

INVERELL LOCAL ENVIRONMENTAL PLAN 1988 - REG 14

14 Dwelling-houses and dual occupancy development in Zone No 1 (a), 7 (a) or 7 (b)

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

(2) A dwelling-house shall not be erected on land to which this clause applies unless the land:

(a) has an area of not less than 200 hectares, or

(b) comprises an allotment created by a subdivision for which consent was granted in accordance with clause 11 or 12, or

(c) comprises an allotment created after the appointed day in accordance with a subdivision consented to or approved by the Council before that day, being an allotment on which a dwelling-house could have been lawfully erected before 19 August 1988, or

(d) comprises the total area of all adjoining or adjacent land held in the same ownership on 1 July 1979 on which no dwelling-house is erected, the Council being satisfied that:

(i) there will be adequate vehicular access to the dwelling-house,

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

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

(e) comprises an area of land less than 200 hectares but more than:

(i) 40 hectares, in the case of land formerly within the Shire of Ashford, or

(ii) 80 hectares, in the case of land formerly within the Shire of Macintyre,

provided that such land passed into separate ownership by way of sale based on boundaries of lots in any subdivision lawfully made before 1 July 1979, and provided such sale was completed prior to 19 August 1988, or

(f) comprises and allotment created by a subdivision in accordance with the provisions of Interim Development Order No 1-Shire of Macintyre or Interim Development Order No 1-Shire of Ashford during the period from 1 July 1979 to 19 August 1988, being an allotment on which a dwelling-house could have been lawfully erected before 19 August 1988.

(3) One additional dwelling-house may, with the consent of the Council, be erected on land to which this clause applies for each 200 hectares of land as long as the Council is satisfied that each 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 land belonging to the owner which adjoins or is adjacent to that land, and provided that such dwelling is erected on the same Portion or allotment of land as the original house.

(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 first-mentioned dwelling-house is intended wholly to replace the second-mentioned dwelling-house.

(5) The Shire Clerk of the Council may issue a certificate to the effect that land specified or described in the certificate is a holding to which subclause (2) (c) applies.

(6) If development for the purpose of a dwelling-house may be carried out in accordance with subclause (2) on an allotment of land to which this clause applies, a person may, with the consent of the Council, carry out dual occupancy development on the allotment of land.

(7) If a dual occupancy development is carried out (or proposed to be carried out) pursuant to this clause, such development can only be carried out in such a way that separate ownership of either dwelling could only be achieved by a subdivision of the land.