New South Wales Consolidated Regulations

MULWAREE LOCAL ENVIRONMENTAL PLAN 1995 - REG 19

19 Dwelling-houses within Zone No 1 (a), 1 (b), 7 (a) or 7 (b)

(1) For the purpose of this clause, "parcel" means one or more adjoining or adjacent lots or portions in the one ownership.

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

(3) The Council may consent to the erection of a dwelling-house on land to which this clause applies only if no dwelling-house is erected on the land and the land:

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

(b) comprises an allotment created by subdivision in accordance with clause 12,

(c) comprises the whole of an existing holding, and the Council is satisfied that:

(i) there will be adequate coinciding legal and practical vehicular access available 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 utility services are or will be available to the existing holding,

(d) comprises an allotment created by subdivision in accordance with clause 13, if the Council is satisfied that the use of the dwelling-house will be ancillary and subsidiary to the purpose for which the allotment was created,

(e) comprises an allotment created by a subdivision to which the consent of the council was granted before the appointed day and on which a dwelling-house could have been lawfully erected under environmental planning instruments then in force, or

(f) comprises an allotment having an area of not less than 10ha lawfully created before 28 March 1977, being in separate ownership on that day, and on which a dwelling-house could have been erected under environmental planning instruments then in force.

(4) The council shall not consent to the erection of a dwelling-house on land to which this clause applies unless:

(a) the land contains a suitable dwelling-house site which is easily accessed from the point of entry from a public road, which point of entry will not cause a traffic hazard, and

(b) the land has a site for a dwelling-house and access that are not subject to adverse flood, bush fire or erosion hazards.

(5) The Council shall not consent to the erection of a dwelling-house on land to which this clause applies where access is by way of a right-of-carriageway which serves or is capable of serving any other portion or allotment of land other than that on which the dwelling-house is to be erected.

(6) The Council may consent to the erection of a dwelling-house 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 to wholly replace the second-mentioned dwelling-house.