New South Wales Consolidated Regulations

WEDDIN LOCAL ENVIRONMENTAL PLAN 2002 - REG 22

22 Dwellings-Zone No 1 (a)

(1) Consent must not be granted to the erection of a dwelling on land within Zone No 1 (a) unless:

(a) the dwelling is ancillary to, and necessary for, the use of the land for the purpose of agriculture, and

(b) the land is, or will be consolidated into, a single allotment that has an area of not less than 400 hectares.

(2) Despite subclause (1), consent may be granted to the erection of a dwelling on land within Zone No 1 (a) where the land is less than 400 hectares in area, but only if:

(a) the land comprises a vacant existing holding, or

(b) the proposed dwelling is ancillary to a non-agricultural use carried out on the land, or

(c) the proposed dwelling is intended for occupation by a son or daughter of the owner, who is genuinely engaged in agriculture.

(3) Despite subclauses (1) and (2), consent may be granted to the erection of a dwelling on an allotment of land within Zone No 1 (a) less than 400 hectares in area if the consent authority is satisfied that:

(a) evidence has been provided that the subject land is to be used for intensive agriculture, being evidence which takes the form of a program of works and includes commencement dates for each stage of the intensive agricultural enterprise, and

(b) evidence is provided of the practicability of performing the program and that the program will be carried out, and

(c) the use is financially viable, and

(d) the dwelling is ancillary to, and necessary for, the use of the land for the purpose of intensive agriculture, and

(e) a condition is imposed on that consent that prohibits the erection of the dwelling before the commencement of the use of the land for the purpose of the approved intensive agriculture.

(4) In this clause:
"intensive agriculture" means an intensive animal establishment, an intensive horticultural establishment, a market garden or a nursery.