New South Wales Consolidated Regulations

OBERON LOCAL ENVIRONMENTAL PLAN 1998 - REG 21A

21A Replacement dwellings

(1) Despite any other provision of this plan, the Council may grant consent to the erection on land in any zone of a dwelling-house to replace an existing lawfully erected dwelling-house.

(2) Such consent may not be granted unless the Council is satisfied that the existing dwelling-house is inhabitable, or has been inhabitable within the 12 months before consent was applied for.

(3) Any consent granted under this clause must be granted subject to the condition that, before an occupation certificate is granted for the new dwelling-house, the old dwelling-house:

(a) must have been demolished, or

(b) must have been altered so as to be no longer usable as a dwelling, or

(c) must have become the subject of a consent for some purpose (other than a dwelling) for which development is permitted in the relevant zone.