New South Wales Consolidated Regulations

LEETON LOCAL ENVIRONMENTAL PLAN NO 4 - REG 14

14 Dwelling-houses in Zone No 1 (a), 1 (b) or 1 (f) not within an irrigation area

(1) This clause applies to land within Zone No 1 (a), 1 (b) or 1 (f), being land that is not within an irrigation area.

(2) Development for the purposes of a dwelling-house shall not be carried out on land to which this clause applies without the consent of the council.

(3) The council shall not consent to an application made in the pursuance of subclause (2), unless the land:

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

(b) is a concessional allotment and the development could have been carried out on the allotment either with or without the council’s consent on the day on which the allotment was created,

(c) comprises the whole of an existing holding, within the meaning of clause 9 or an existing holding affected only by a subdivision for the purpose of opening a public road or for any purpose referred to in clause 6 (a) of State Environmental Planning Policy No 4-Development Without Consent ,

(d) is an allotment created in accordance with clause 11 (1) of Interim Development Order No 1-Shire of Leeton as in force immediately before 4 April 1975, or

(e) is an allotment created in pursuance of clause 10 (7) of this plan or of clause 11 (4) of Interim Development Order No 1-Shire of Leeton , as in force immediately before the appointed day, and the council is satisfied that the dwelling-house is intended to be used in conjunction with a purpose for which the allotment could be used under this plan.

(4) One dwelling-house (in addition to that or those, if any, erected on the land immediately before the appointed day) may, with the consent of the council, be erected on land to which this clause applies which has an area of not less than 40 hectares for each 40 hectares of the land if 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.