New South Wales Consolidated Regulations

WINGECARRIBEE LOCAL ENVIRONMENTAL PLAN 1989 - REG 13

13 Dwelling-houses-Zone No 1 (a), 1 (b), 5 (c), 7 (a) or 7 (b)

(1) This clause applies to land within Zone No 1 (a), 1 (b), 5 (c), 7 (a) or 7 (b).

(2) In this clause:
"concessional allotment" means:

(a) an allotment excised in accordance with clause 37 (5) of Bowral Local Environmental Plan No 1 as in force at any time before 12 January 1990, or

(b) an allotment excised in accordance with clause 30 (3) or (4) of the Shire of Mittagong Planning Scheme Ordinance as in force prior to 23 February 1979, or an allotment excised in accordance with clause 29 (5) of that Ordinance on or after 23 February 1979, or

(c) an allotment excised in accordance with clause 9 (5) of Wingecarribee Local Environmental Plan No 55 as in force at any time before 12 January 1990, or

(d) an allotment excised in accordance with clause 11 (2) or (3) of Interim Development Order No 1-Shire of Wingecarribee as in force at any time before 12 January 1990, or

(e) an allotment excised in accordance with clause 7 of Interim Development Order No 2-Shire of Wingecarribee as in force at any time before 12 January 1990, or

(f) an allotment created in accordance with clause 12 (4) of this plan as in force at any time before the amendments made by Wingecarribee Local Environmental Plan 1989 (Amendment No 68) .

"existing parcel" means the aggregation of all adjoining or adjacent land held in the same ownership:

(a) at 8 October 1954, in the case of land to which the former Bowral Planning Scheme Ordinance applied, or

(b) at 23 July 1965, in the case of land to which the former Burradoo and Environs Planning Scheme Ordinance applied, or

(c) at 16 February 1968, in the case of land to which the former Shire of Mittagong Planning Scheme Ordinance applied, or

(d) at 18 January 1963, in the case of land to which the former Interim Development Order No 1-Shire of Wingecarribee applied.

"former planning instrument" means:

(a) in relation to land to which the former Bowral Planning Scheme Ordinance applied-the former Bowral Planning Scheme Ordinance , and

(b) in relation to land to which the former Burradoo and Environs Planning Scheme Ordinance applied-the former Burradoo and Environs Planning Scheme Ordinance , and

(c) in relation to land to which the former Bowral Local Environmental Plan No 1 applied-the former Bowral Local Environmental Plan No 1 , and

(d) in relation to land to which the former Shire of Mittagong Planning Scheme Ordinance applied-the former Shire of Mittagong Planning Scheme Ordinance , and

(e) in relation to land to which the former Wingecarribee Local Environmental Plan No 55 applied-the former Wingecarribee Local Environmental Plan No 55 , and

(f) in relation to land to which the former Interim Development Order No 1-Shire of Wingecarribee applied-the former Interim Development Order No 1-Shire of Wingecarribee , and

(g) in relation to land to which the former Interim Development Order No 2-Shire of Wingecarribee applied-the former Interim Development Order No 2-Shire of Wingecarribee .

(3) A dwelling-house may, with the consent of the council, be erected on land to which this clause applies, but only if the land:

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

(b) comprises the whole of an existing parcel, or

(c) comprises the residue of an existing parcel, the area of which is less than 40 hectares and on which no dwelling-house is erected and is affected only by a subdivision made (whether before or after the appointed day) in accordance with a consent granted pursuant to a former planning instrument, or

(d) is a concessional allotment, or

(e) is an allotment created between 18 January 1963 and 10 April 1964 in pursuance of Interim Development Order No 1-Shire of Wingecarribee , or

(f) is an allotment created for the purposes of a country dwelling between 10 April 1964 and 21 November 1975 in pursuance of Interim Development Order No 1-Shire of Wingecarribee or lawfully created for any other purpose between those dates provided that the allotment concerned is 10 hectares or more in area, or

(g) is an allotment lawfully created in accordance with clause 30 (1) of the Shire of Mittagong Planning Scheme Ordinance as in force before 23 February 1979, or

(h) is an allotment in respect of which the Minister made a determination pursuant to clause 29 of the Shire of Mittagong Planning Scheme Ordinance as in force before 23 February 1979.