New South Wales Consolidated Regulations

WOLLONGONG LOCAL ENVIRONMENTAL PLAN NO 38 - REG 14

14 Dwelling-houses in Zone No 1 (a), 1 (b), 7 (c), 7 (d), 7 (e) or 7 (h)

(1) The Council shall only consent to the erection of a dwelling-house on an allotment within Zone No 1 (a), 1 (b), 7 (c), 7 (d), 7 (e) or 7 (h) if the allotment:

(a) is an existing holding:

(i) which has an area of not less than 10 hectares, and

(ii) upon which no dwelling-house is situated,

(b) is an allotment:

(i) which was created after 30 April 1971, and

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

(c) is an allotment which was created after the appointed day:

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

(ii) by a subdivision carried out in accordance with this plan,

and if the Council is satisfied that:

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

(e) the erection of the proposed dwelling-house, or the creation of the proposed dwelling, on the allotment will not constitute ribbon development along an arterial or main road, and

(f) the proposed dwelling-house or dwelling will be provided with an adequate water supply.

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

(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 the proposed dwelling-house or dwelling-houses will be occupied by the owner of the allotment or by persons employed by that owner for the purpose of carrying on agriculture on that allotment, or on land adjoining that allotment.

(3) Notwithstanding subclause (1), the Council may consent to the creation of a dwelling in accordance with clause 15 of the Environmental Planning and Assessment Model Provisions 1980 on an allotment within Zone No 1 (a), 1 (b), 7 (c), 7 (d), 7 (e) or 7 (h).

(4) 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 (a), 1 (b), 7 (a), 7 (c), 7 (e) or 7 (h), require the owner of that allotment to consolidate the allotment with any other adjacent allotment owned by him or her.