New South Wales Consolidated Regulations

PARKES LOCAL ENVIRONMENTAL PLAN 1990 - REG 14

14 Dwelling-houses-Zone No 1 (a)

(1) A person shall not erect a dwelling-house on land within Zone No 1 (a) without the consent of the council, other than on vacant land within Zone No 1 (a) having an area of not less than 400 hectares.

(2) Subject to this clause, the council shall not consent to the erection of a dwelling-house on vacant land within Zone No 1 (a) having an area of less than 400 hectares unless the land consists of:

(a) an existing holding,

(b) an allotment created in accordance with this plan for the purpose of erecting a dwelling-house or carrying out development for a permissible purpose other than agriculture, or

(c) an allotment created in accordance with a consent granted before the appointed day, being an allotment on which a dwelling-house could have been lawfully erected immediately before the appointed day.

(3) Subject to this clause, the council may consent to the erection of a dwelling-house on land within Zone No 1 (a) only where:

(a) the use of the dwelling-house will be ancillary to the use of the land for a permissible purpose other than agriculture, and

(b) the council is satisfied that:

(i) the land could not reasonably be used for that other purpose without the erection of the dwelling-house, and

(ii) the dwelling-house is to be located so as to minimise any adverse effect on the use of the land for that other purpose.

(4) Subject to the provisions of clause 15 of the Environmental Planning and Assessment Model Provisions 1980 and this clause, only one dwelling-house may be erected on an allotment of land within Zone No 1 (a).

(5) A person may, with the consent of the council, erect additional dwelling-house on an allotment of land within Zone No 1 (a) provided that any such additional dwelling-house is erected after the first dwelling-house and is used exclusively to accommodate a person employed or engaged in the use of the land for the purposes of agriculture.

(6) Nothing in subclause (4) shall prevent the erection of a dwelling-house on land within Zone No 1 (a) on which another dwelling-house is erected where the dwelling is intended to replace the original dwelling and is not occupied until the original dwelling is demolished or its occupation has permanently ceased.