New South Wales Consolidated Regulations

WELLINGTON LOCAL ENVIRONMENT PLAN 1995 - REG 17

17 Erection of dwellings within rural zones

(1) Except on vacant land within Zone Number 1 (a) having an area of not less than 400 hectares, a person shall not erect a dwelling house on land to which this plan applies without the consent of the Council.

(2) The Council shall not consent to the erection of a dwelling house on land within Zone Number 1 (a1) unless it is satisfied that the dwelling house will be ancillary to the agricultural use of that land.

(3) Subject to subclause (4), a person shall not erect a dwelling house on vacant land within Zone Number 1 (a) having an area of less than 400 hectares unless the land consists of:

(a) a holding, or

(b) an allotment created in accordance with this plan for the purpose of erecting a dwelling house or carrying out development for a permissible land use other than agriculture, or

(c) an allotment created in accordance with a consent granted before the appointed day, being an allotment on which a dwelling house could have been erected immediately before the appointed day.

(4) The Council may consent to the erection of a dwelling house on land within Zone Number 1 (a) only where:

(a) the use of the dwelling house will be ancillary to the use of the land for a permissible land use other than agriculture, and

(b) the Council is satisfied that:

(i) the land could not reasonably be used for that other land use without the erection of the dwelling house, and

(ii) the dwelling house is to be located so as to minimise any adverse effect on the use of the land for that other land use.

(5) A person shall not erect a dwelling house on land subject to a geophysical hazard without the consent of Council. This subclause applies only to land identified as subject to a geophysical hazard on the map.