New South Wales Consolidated Regulations

PORT STEPHENS LOCAL ENVIRONMENTAL PLAN 2000 - REG 14

14 Dwelling-houses and dual occupancy housing in rural zones

(1) This clause applies to land within any rural zone.

(2) The consent authority shall not consent to the erection of a dwelling-house or dual occupancy housing on an allotment of land to which this clause applies if:

(a) in the case of land within Zone No 1 (a)-the allotment has an area of less than 4,000 square metres, or

(b) in the case of land within Zone No 1 (c1), 1 (c2), 1 (c3) or 1 (c4)-the allotment has an area of less than 3,500 square metres, or

(c) in the case of land within Zone No 1 (c5)-the allotment has an area of less than 2,000 square metres, or

(d) in any case:

(i) if the allotment was created before the appointed day-the consent authority is of the opinion that the allotment was intended to be used for any one or more of the purposes (other than the purpose of a dwelling-house or dual occupancy housing) for which it could have been used (with or without the consent of the consent authority) under the environmental planning instrument under which it was created, or

(ii) if the allotment was created on or after the appointed day-the allotment was intended to be used for any one or more of the purposes (other than the purpose of a dwelling-house or dual occupancy housing) for which it may be used (with or without the consent of the consent authority) under this plan.

(3) Despite subclause (2), the consent authority may consent to the erection of a dwelling-house or dual occupancy housing on any one or more of the allotments created to correspond to the parts into which a single allotment is (or was) divided by a public road.

(4) However, the consent authority shall not consent to the erection of dual occupancy housing on land to which this clause applies unless the consent authority is satisfied that:

(a) the two dwellings are clustered giving the appearance of being an integrated development, and

(b) the two dwellings have shared infrastructure such as common driveway access, fire breaks and services, and

(c) any rural buildings are clustered, and

(d) any clearing necessary for the dwellings is minimised.

(5) The consent authority shall not consent to the carrying out of development involving the erection of more than one dwelling-house on an allotment of land to which this clause applies unless the development is for the purpose of dual occupancy housing.

(6) The subdivision of any dual occupancy housing shall not be permitted unless the subdivision may be carried out in accordance with the provisions of clause 13.

(7) For the purposes of subclause (4) (d), "clearing" means any manner of destruction or removal of a tree, shrub or plant (otherwise than as exempted by the Council’s adopted tree preservation order) and includes the severing or lopping of branches, limbs, stems or trunks of a tree, shrub or plant.