New South Wales Consolidated Regulations

BEGA VALLEY LOCAL ENVIRONMENTAL PLAN 2013 - REG 4.2A

4.2A Erection of dwelling houses on land in certain rural, residential and environment protection zones

(1) The objectives of this clause are as follows--

(a) to minimise unplanned rural residential development,

(b) to enable the replacement of lawfully erected dwelling houses in rural, residential and environment protection zones.

(2) This clause applies to land in the following zones--

(a) Zone RU1 Primary Production,

(b) Zone RU2 Rural Landscape,

(c) Zone RU4 Primary Production Small Lots,

(d) Zone R5 Large Lot Residential,

(e) Zone E3 Environmental Management,

(f) Zone E4 Environmental Living.

(3) Development consent must not be granted for the erection of a dwelling house on land to which this clause applies, and on which no dwelling house has been erected, unless the land--

(a) is a lot that is at least the minimum lot size shown on the Lot Size Map in relation to that land, or

(b) is a lot created under an environmental planning instrument before this Plan commenced and on which the erection of a dwelling house was permissible immediately before that commencement, or

(c) is a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dwelling house would have been permissible if the plan of subdivision had been registered before that commencement, or

(d) is an original holding, or

(e) would have been a lot or a holding referred to in paragraph (a), (b), (c) or (d) had it not been affected by--

(i) a minor realignment of its boundaries that did not create an additional lot, or

(ii) a subdivision creating or widening a public road or public reserve or for another public purpose.

Note : A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.

(5) Development consent may be granted for the erection of a dwelling house on land to which this clause applies if there is a lawfully erected dwelling house on the land and the dwelling house to be erected is intended only to replace the existing dwelling house.

(6) In this clause--

"holding" means all adjoining land, even if separated by a road or railway, held by the same person or persons.

Note : The owner in whose ownership all the land is at the time the application is lodged need not be the same person as the owner in whose ownership all the land was on the stated date.

"original holding" means--

(a) land that is identified as "Original Holdings" on the Original Holdings Map , or

(b) any other land that was a holding on 7 January 1966, and is a holding at the time the application for development consent referred to in subclause (3) is lodged, whether or not there has been a change in the ownership of the holding since 7 January 1966.