New South Wales Consolidated Regulations

OBERON LOCAL ENVIRONMENTAL PLAN 1998 - REG 18

18 Dwelling-houses in Zone No 1 (a)

(1) A person must not erect a dwelling-house on vacant land within Zone No 1 (a) unless:

(a) the land comprises:

(i) an original holding that has not been subdivided (unless only under State Environmental Planning Policy No 4-Development Without Consent ), or

(ii) the largest part, portion, lot or aggregation of them, remaining from an original holding following the excision of a part, portion or lot from the original holding, or

(iv) an allotment in a subdivision for the purpose of a dwelling where consent for the subdivision was granted before the appointed day and which has not lapsed, and

(b) the dwelling is not erected within, or within 100 metres of the high water mark of, a water body listed in Schedule 1 and:

(i) is not less than 150 metres from the boundary of any adjoining lot which is being used for an agricultural activity, if that lot is prime crop and pasture land, unless a buffer between the dwelling and the boundary of that lot is provided in accordance with the provisions of Development Control Plan No 4-Part B, Subdivisions , or

(ii) is not less than 50 metres from the boundary of any adjoining lot that is not prime crop and pasture land, unless a buffer is provided between the dwelling and the boundary of that lot in accordance with the provisions of Development Control Plan No 4-Part B, Subdivisions , and

(c) septic effluent disposal from the dwelling is not within 200 metres of the high water mark of a water body listed in Schedule 1, unless geotechnical and hydrogeomorphological reports satisfy the Council that the land can sustain safe disposal within this area.

(2) In this clause, "vacant land" means land on which no dwelling-house is erected.