New South Wales Consolidated Regulations

WOLLONDILLY LOCAL ENVIRONMENTAL PLAN 1991 - REG 13

13 Dwelling-houses on land within Zones Nos 1 (a1), 1 (a2), 1 (a3), 1 (b), 1 (c1) (i), 1 (c2), 5 (c1), 5 (c2) and 7 (d)

(1) This clause applies to land within Zone No 1 (a1), 1 (a2), 1 (a3), 1 (b), 1 (c1) (i), 1 (c2), 5 (c1), 5 (c2) or 7 (d).

(2) Except as provided by this clause, the council shall not consent to the erection of a dwelling-house on an allotment of land to which this clause applies unless the allotment has an area of not less than:

(a) in the case of land within Zone No 1 (a1), 1 (b), 1 (c2) or 5 (c1)-40 hectares, or

(b) in the case of land within Zone No 1 (a2) or 5 (c2)-16 hectares, or

(c) in the case of land within Zone No 1 (a3)-100 hectares, or

(d) in the case of land within Zone No 1 (c1) (i)-2 hectares, or

(e) in the case of an allotment created under clause 12 (3)-3000 square metres, or

(f) in the case of land within Zone No 7 (d)-4,000 square metres.

(3) Notwithstanding subclause (2) but subject to subclauses (4)-(9), a dwelling-house may be erected on any allotment of land which was in existence as a separate allotment on the appointed day.

(4) Subclause (3) does not operate to authorise the erection of a dwelling-house on land shown on the map as land to which this subclause applies (other than an allotment lawfully created under Interim Development Order No 7 or 17-Shire of Wollondilly ) unless that land comprises a single allotment having an area of not less than 4,000 square metres and unless a reticulated water supply is available to that land.

(5) Except as provided by clause 14, subclause (3) does not operate to authorise the erection of a dwelling-house on land shown on the map as land to which this subclause applies (other than an allotment lawfully created under Interim Development Order No 7-Shire of Wollondilly ) unless the parcel of land has an area of not less than 40 ha.

(6) Except as provided by clause 14, subclause (3) does not operate to authorise the erection of a dwelling-house on land shown on the map as land to which this subclause applies (other than an allotment lawfully created under Interim Development Order No 7-Shire of Wollondilly ) unless the parcel of land has an area of not less than 100 ha.

(7) Notwithstanding subclauses (5) and (6), a dwelling-house may be erected on any parcel of land which was not held in common ownership with any adjoining or adjacent land in respect of which consent to erect a country dwelling or a dwelling-house could have been granted by the council in accordance with the provisions of the Wollondilly Planning Scheme Ordinance as in force prior to 18 July 1973.

(8) Notwithstanding any other provision of this plan, the council may consent to the erection of a dwelling-house on each of the parcels of land referred to in Schedule 4 subject to the conditions specified in that Schedule in relation to that land.

(9) Notwithstanding any other provision of this plan Council may consent to the erection of a dwelling-house on an allotment created under this plan.