New South Wales Consolidated Regulations

TUMUT LOCAL ENVIRONMENTAL PLAN 1990 - REG 13

13 Dwelling-houses and dwellings in Zone No 1 (a), 1 (b), 1 (c), 1 (c1) or 1 (d)

(1) This clause applies to land within Zone No 1 (a), 1 (b), 1 (c), 1 (c1) or 1 (d).

(2) A dwelling-house or dual occupancy may, with the consent of the Council, be erected on land to which this clause applies, but only if the land:

(a) in respect of land within Zone No 1 (a):

(i) has an area of not less than 150 hectares,

(ii) is the whole of an existing holding,

(iv) is an allotment created for the purposes of a rural dwelling since 13 March 1964 under the provisions of Interim Development Order No 1, 2 or 3-Shire of Tumut,

(v) is an allotment lawfully created for any other purpose since 13 March 1964 under the provisions of Interim Development Order No 1, 2 or 3-Shire of Tumut having an area of less than 40 hectares and comprising Class 4 and 5 land as determined by the Director-General of the Department of Agriculture and Fisheries, or

(vi) is an allotment having an area in excess of 40 hectares and that was in separate ownership at the appointed day,

(b) in respect of land within Zone No 1 (b):

(i) has an area of not less than 30 hectares,

(ii) has an area of not less than 15 hectares and the Council is satisfied (having regard to the level of crop establishment and agricultural infrastructure development on the land) that the land is, and will be, used for intensive agriculture,

(iii) is the whole of an existing holding, or

(iv) is an allotment created for the purposes of a rural dwelling since 13 March 1964 under the provisions of Interim Development Order No 1, 2 or 3-Shire of Tumut,

(c) in respect of land within zone No 1 (c):

(i) is an allotment created in accordance with clause 12 (9) and the density of dwelling-houses or attached dual occupancies to be erected does not exceed 1 per 2 hectares,

(ii) is the whole of an existing holding, or

(iii) is an allotment created for the purposes of a rural dwelling since 13 March 1964 under the provisions of Interim Development Order No 1, 2 or 3-Shire of Tumut,

(d) in respect of land within Zone No 1 (c1):

(i) is an allotment created in accordance with clause 12 (10) and the density of dwelling-houses or attached dual occupancies to be erected does not exceed 1 per 5,000 square metres,

(ii) is the whole of an existing holding, or

(iii) is an allotment created for any purpose under the provisions of Interim Development Order No 1, 2 or 3- Shire of Tumut,

and has sealed road access and is capable of being connected to the Council’s water supply, or

(e) in respect of land within Zone No 1 (d), is the whole of an existing holding.

(3) A person shall not erect a cluster housing development on land in Zone No 1 (c) or 1 (c1) except with the consent of the Council, which shall not be granted unless the density of dwellings does not exceed:

(a) in Zone No 1 (c)-1 dwelling per 2 hectares, or

(b) in Zone No 1 (c1)-1 dwelling per 5,000 square metres.

(4) The Council shall not consent to the erection of a dwelling-house or dual occupancy on land to which this clause applies unless it has taken into consideration:

(a) the design, orientation and materials of the dwelling-house or dual occupancy,

(b) the effect of the dwelling-house or dual occupancy on the landscape,

(c) whether there is provision of an adequate all weather access,

(d) whether there is provision of an adequate potable water supply and waste disposal system,

(e) the effect of natural hazards such as bush fire and flooding,

(f) the location of the dwelling-house or dual occupancy in relation to surrounding land uses, and

(g) the impact on existing and potential agricultural productivity of the land and of surrounding land.

(5) One or more additional dwelling-houses may, with the consent of the Council, be erected on land within Zone No 1 (a) or 1 (b) if the Council is satisfied that each dwelling-house will be occupied by a person employed or engaged, by the owner of the land, in the use of that land for the purposes of agriculture and that the dwelling-house will be located on the same allotment of land as the existing dwelling-house.

(6) Where the Council is satisfied that a genuine agricultural need exists for temporary accommodation, such development may, with the consent of the Council, be erected on land within Zone No 1 (a) or 1 (b) for seasonal worker accommodation.