New South Wales Consolidated Regulations

WOLLONGONG LOCAL ENVIRONMENTAL PLAN 1990 - REG 14

14 Dwelling-houses in Zone No 1, 7 (b) or 7 (d)

(1) The Council shall consent to the erection of a dwelling-house on an allotment of land within Zone No 1, 7 (b) or 7 (d) only if there is no dwelling-house on the allotment and if the allotment:

(a) is an existing holding which has an area of not less than 10 hectares, or

(b) is an allotment:

(i) which was created after 30 April 1971 but before 23 February 1984, and

(ii) which has an area of not less than 20 hectares, or

(c) is an allotment of not less than 40 hectares, or

(d) is an allotment which was created before or after the appointed day:

(i) by a subdivision approved by the Council not more than 2 years before that day, or

and if the Council is satisfied that:

(e) adequate vehicular access will be provided to the site of the proposed dwelling-house or dwelling,

(f) the erection of the proposed dwelling-house and associated activities on the allotment will not detract from the environment by way of visual intrusion, vegetation clearance, drainage pollution or bushfire risk, and

(g) the proposed dwelling-house will be provided with an adequate water supply and means of disposal of sewage.

(2) Notwithstanding subclause (1), the Council may consent to the erection on an allotment of land within Zone No 1:

(a) of a second or subsequent dwelling-house where one or more dwelling-houses is or are situated on that allotment, or

(b) of 2 or more dwelling-houses where no dwelling-house is situated on that allotment,

if it is satisfied that each dwelling-house on the land will be occupied by the owner of the allotment or by persons employed by that owner for the sole or primary purpose of carrying on agriculture or intensive agriculture on that allotment or on land adjoining that allotment.

(2A) Despite subclause (1), the Council may consent to the erection of a dwelling-house as a replacement for a dwelling-house that was lawfully constructed on an allotment of land within Zone No 1, 7 (b) or 7 (d).

(3) The Council may, as a condition of its consent to the erection of a dwelling-house on an allotment of land within Zone No 1, 7 (b) or 7 (d), require the consolidation of the allotment with any other adjacent allotment in the same ownership.