New South Wales Consolidated Regulations

WELLINGTON LOCAL ENVIRONMENT PLAN 1995 - REG 18

18 Erection of additional dwellings

(1) A person shall not erect more than one dwelling on land to which this plan applies without the consent of the Council.

(2) The Council shall not consent to the erection of more than one dwelling on an allotment (other than the alteration of an existing dwelling to create two dwellings) unless:

(a) a dwelling house may be erected on that land, in accordance with:

(i) clause 17, where the land is within Zone Number 1 (a), or 1 (a1), or

(ii) clause 10, where the land is within any other zone,

(b) no additional vehicular access to a classified road is made,

(c) the land on which the additional dwelling house is to be erected is not the subject of a separate land title,

(d) the Council is satisfied that the dwelling to be erected on the land will not interfere with the land use to which the land is put, and

(e) the Council is satisfied that the land use to which the allotment is put may not be fully realised without the presence on that land of an additional residence.

(3) The Council shall not consent to the erection of one or more dwellings pursuant to subclause (2) where the dwelling or dwellings to be erected is or are intended to be used for temporary or holiday accommodation only, unless the Council is satisfied that:

(a) the dwellings to be erected will be available for use for temporary or holiday accommodation only, and

(b) the form of the development, including the number, scale and bulk of buildings and their relationship with each other, is compatible with the maintenance of a rural character in the locality.

(4) Nothing in clause 10 shall limit or restrict the discretion of the Council to consent to the alteration of or addition to a dwelling house so as to create two dwellings.

(5) The Council shall not consent to the subdivision of land on which an additional dwelling is erected in pursuance of this clause except in accordance with other provisions of this plan.