New South Wales Consolidated Regulations

TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 21

21 Dwelling-houses within Zone No 1 (a)

(1) This clause applies to land within Zone No 1 (a).

(2) The Council may only grant consent to the erection of a dwelling-house on land to which this clause applies on which no dwelling is erected and which:

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

(c) comprises the whole of an existing holding, and providing the Council is satisfied that:

(i) there will be adequate coinciding legal and practical vehicular access available to the dwelling-house,

(ii) the erection of the dwelling-house will not create or increase ribbon development along a main or arterial road, and

(iii) adequate utility services are or will be available to the existing holding,

(d) comprises an allotment created by subdivision in accordance with clause 15, if the Council is satisfied that the use of the dwelling house will be ancillary and subsidiary to the purpose for which the allotment was created,

(e) comprises an allotment created by a subdivision to which the consent of the Council was granted before the appointed day and on which a dwelling-house could have been lawfully erected under the planning instrument then in force, or

(f) comprises an allotment created by subdivision in accordance with clause 13 and which has an area of less than 40 hectares but not less than 4 hectares where the Council is satisfied that:

(i) the land is capable of sustaining a financially viable intensive agricultural activity, and

(ii) the dwelling is necessary for, and will be ancillary to, the use of the land for the purpose of intensive agriculture.