New South Wales Consolidated Regulations

WAGGA WAGGA RURAL LOCAL ENVIRONMENTAL PLAN 1991 - REG 18

18 Creation of additional dwellings in Zone No 1

(1) A person may, with the consent of the Council, create not more than 2 additional dwellings on an allotment of land within Zone No 1 (whether by the erection of a new dwelling or the alteration of an existing dwelling to create 2 dwellings) if:

(a) a dwelling could be erected on the land in accordance with clause 17,

(b) no additional access to a public road is required from the land,

(c) separate ownership of the proposed dwelling or dwellings could be achieved only by a subdivision of the land,

(d) in the opinion of the Council, the dwelling or dwellings to be created on the land will not interfere with the purpose for which the land is being used, and

(e) the land is not prime crop and pasture land unless, despite the land’s being prime crop and pasture land, the creation of the additional dwelling or dwellings is justified in the opinion of the Council, having regard to the practical and economic provision of access and services to the proposed dwelling or dwellings.

(2) The Council shall not consent to the subdivision of land on which an additional dwelling is erected in pursuance of this clause except under this plan.

(3) The Council shall not grant a consent pursuant to this clause that may result in the existence on a piece or parcel of land of more than 2 dwellings the creation of which was consented to pursuant to this clause.