New South Wales Consolidated Regulations

SEVERN LOCAL ENVIRONMENTAL PLAN 2002 - REG 29

29 What controls apply to dwellings in Zone No 1 (a)?

(1) Consent must not be granted to the erection of a dwelling-house on vacant land within Zone No 1 (a) unless:

(a) the land has an area of 800 hectares or more and has adequately constructed road access, or

(b) the land has an area of 200 hectares or more but less than 800 hectares, has adequately constructed road access and the consent authority, before granting consent to the erection of a dwelling-house:

(iii) has considered a farm management plan for the allotment, and

(iv) is satisfied that the use of the allotment for the purposes of agriculture is economically viable, or

(c) the land has an area of less than 200 hectares and comprises:

(i) an existing holding, or

(ii) an allotment created under this plan primarily for a purpose other than agriculture, where the dwelling will be ancillary to the main use for which the allotment was created, or

(iii) an allotment created in accordance with a consent granted before 31 October 1975, being an allotment on which a dwelling-house could have been erected immediately before 31 October 1975, or

(iv) an allotment created in accordance with clause 25, or

(v) an existing allotment that meets the requirements for an allotment to be created in accordance with clause 25, or

(vi) an allotment created under Interim Development Order No 1, Shire of Severn on which, at the time of approval of the creation of the allotment, a dwelling was permissible with the consent of the Council, or

(vii) an allotment created under Severn Local Environmental Plan 1991 on which, at the time of approval of the creation of the allotment, a dwelling was permissible with the consent of the Council.

(2) Consent must not be granted to the erection of a dwelling-house on vacant land within Zone No 1 (a) unless the consent authority is satisfied that:

(a) adequate arrangements have been made for the provision of vehicular access to the site of the proposed dwelling-house, and

(b) adequate utility services will be available to the land, and

(c) the dwelling-house has a buffer of 300 metres to the boundary of an adjoining allotment, and

(d) where the allotment has been developed for the purpose of horticulture, that such use is of commercial scale, such as to satisfy the criteria for a primary producer under the Commonwealth Income Tax Assessment Act 1936 .

(3) Consent must not be granted to the erection of a dwelling-house on land within Zone No 1 (a) unless the consent authority is satisfied that:

(a) the scale, height and location of the dwelling-house, and

(b) the colour, type and reflectivity of materials to be used,

will preserve or enhance the scenic quality of the land and the locality.

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

(5) Unless permissible under other provisions of this plan, the Council shall not consent to dwellings under clause 29 (1) (c) (vi) after 31 October 2008.