New South Wales Consolidated Regulations

KIAMA LOCAL ENVIRONMENTAL PLAN 1996 - REG 11

11 Rural “A” Zone-Dwelling-houses

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

(2) A person shall not erect a dwelling-house or carry out dual occupancy development on land to which this clause applies except in accordance with this clause.

(3) Where land to which this clause applies does not have a dwelling-house erected on it, a person may, with the consent of the Council, erect a dwelling-house or carry out dual occupancy development if the land:

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

(b) comprises the whole of an existing holding (or an existing holding affected only by a subdivision carried out in accordance with clause 10 (8)), being an existing holding that has an area of not less than 20 hectares and where the Council is satisfied that:

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

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

(d) is an allotment created with the consent of the Council, being an allotment referred to in clause 18 (3) (e) of Kiama Local Environmental Plan No 5 as in force immediately before its repeal by this plan, or

(e) is a concessional allotment within the meaning of paragraph (a) of the definition of "concessional allotment" in clause 16 (2) of Kiama Local Environmental Plan No 5 as in force immediately before its repeal by this plan, or

(f) is an allotment having an area of less than 40 hectares and was created under the provisions of clause 32 (1) of the Kiama Planning Scheme Ordinance .

(4) Where a person owns:

(a) a lot, portion or parcel of land, or

(b) two or more adjoining or adjacent lots, portions or parcels of land,

being land to which this clause applies, the person may, with the consent of the Council, erect one additional dwelling-house on that land for use as a rural worker’s dwelling where the Council is satisfied that the additional dwelling-house will be actually occupied by a person employed or engaged by the owner of the land in the use of the land for the purposes of agriculture and that separate ownership of the proposed dwelling could only be achieved by a subdivision of the land in accordance with clause 10.

(5) The Council shall not grant consent for a rural worker’s dwelling in accordance with subclause (4) if a rural worker’s dwelling already exists on the land, or another dwelling exists on the land or on adjoining land in the same ownership which is being used to accommodate rural workers engaged in carrying out agriculture on the land to which the application for consent applies.

(6) The Council may only grant consent for a rural worker’s dwelling in accordance with sub-clause (4) if:

(a) it is satisfied the rural worker’s dwelling is justified having regard to the nature and scale of the agricultural enterprise and the need for accommodating rural workers on the land, and

(b) the rural worker’s dwelling is to be located on the same allotment of land as the principal owner’s residence, and is designed in a way that architecturally integrates with existing residential development on the land, where the buildings are located in close proximity to each other.

(7) In granting consent to the erection of a rural worker’s dwelling in accordance with subclause (4), the Council may require that:

(a) the rural worker’s dwelling may only be occupied by a person engaged as an employee of the person carrying out agriculture, or by a relative who assists the person carrying out agriculture, on the land, and

(b) the rural worker’s dwelling is designed and constructed so that it may be removed from the site when the use of the land for agriculture ceases, and

(c) when it reasonably forms the opinion that the rural worker’s dwelling is no longer being lawfully used by the person carrying out agriculture on the land for its intended purpose, the rural worker’s dwelling must be removed from the land or the dwelling must be rendered incapable of residential occupation (and its use limited to agricultural or storage purposes) or be left vacant.

(8) A person may, with the consent of the Council, erect a dwelling-house on land to which this clause applies and on which another dwelling-house is erected if the dwelling-house is intended to wholly replace the other dwelling-house.

(9) The Council shall not grant a consent referred to in subclause (8) unless it is of the opinion that the proposed dwelling will not interfere with the purpose for which the land concerned is being used.