New South Wales Consolidated Regulations

SHOALHAVEN LOCAL ENVIRONMENTAL PLAN 1985 - REG 15

15 Dwelling-houses etc-Zone Nos 7 (a), 7 (c), 7 (d1), 7 (e), 7 (f1) and 7 (f3)

(1) Subject to subclauses (2) and (3), a dwelling-house may, with the consent of the Council, be erected on an allotment of land within Zone Nos 7 (a), 7 (c), 7 (d1), 7 (e), 7 (f1) or 7 (f3) if the allotment:

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

(b) is a 1964 holding,

(c) is a concessional allotment described in paragraph (a), (b), (c) or (e) of the definition of "concessional allotment" in clause 6 (1),

(d) is a concessional allotment described in paragraph (d) of the definition of "concessional allotment" in clause 6 (1) and the Council is satisfied that the dwelling-house will be actually occupied by a person referred to in clause 11 (4) (c) (i), (ii) or (iii) as in force immediately before the commencement of City of Shoalhaven Local Environmental Plan 1985 (Amendment No 127) ,

(e) is the residue of the land remaining after the creation of allotments referred to in clause 11 (4), or the residue created under clause 11 (5), as in force immediately before the commencement of City of Shoalhaven Local Environmental Plan 1985 (Amendment No 127) , or is a residue lot created in a subdivision in accordance with clause 11 of Interim Development Order No 1-Shire of Shoalhaven ,

(f) is an allotment created before 20 September 1974 in accordance with clause 11 (1), (2) or (3) of Interim Development Order No 1-Shire of Shoalhaven as in force when the allotment was created, or

(g) is the residue of land remaining after the creation of an allotment under clause 11 (7) as in force immediately before the commencement of City of Shoalhaven Local Environmental Plan 1985 (Amendment No 127) or under clauses 11 (3) and 13B (2) and on which a dwelling-house could have been approved by the Council immediately before the subdivision under any of those subclauses.

(1A) Subject to subclauses (2) and (3), a dwelling-house may, with the consent of the Council, be erected on an allotment of land within Zone No 7 (a), 7 (c), 7 (d1), 7 (e), 7 (f1) or 7 (f3) if:

(a) the allotment is created under clause 11 (3) or (4) for the purpose of a tourist facility, and

(b) there is no other dwelling-house or dwelling erected on the allotment, and

(c) the Council is satisfied that the dwelling-house is to provide a residence for a manager of the tourist facility and will otherwise be integral to and essential for the proper and efficient operation of the tourist facility.

(2) The Council must not consent to the erection of a dwelling-house or to the addition or alteration of a building or the establishment of a caravan park on land within Zone No 7 (d1) or 7 (f1) unless it has considered:

(a) the extent to which the development would affect the scenic qualities of the landscape,

(b) whether the development would result in degradation of or restriction of access to recreation areas, and

(c) any plan, code, policy or design adopted by resolution of the Coastal Council of New South Wales for the purpose of the protection of coastal lands.

(3) The Council must not consent to the erection of buildings on the following land:

Callala Bay, Griffin Street area-land shown as being within Zone No 7 (a) and edged heavy black on the map marked “ City of Shoalhaven Local Environmental Plan 1985 (Amendment No 170) ”.

(4) Notwithstanding the other provisions of this plan, the Council must not consent to the erection of a dwelling-house on the following land shown edged heavy black on the map marked “ City of Shoalhaven Local Environmental Plan 1985 (Amendment No 175) ”.