New South Wales Consolidated Regulations

BELLINGEN LOCAL ENVIRONMENTAL PLAN 2010 - REG 4.2A

4.2A Erection of dwelling houses on land in certain rural and conservation zones

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

(a) to minimise unplanned rural residential development, and

(b) to enable the replacement of lawfully erected dwelling houses in rural and conservation 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 C3 Environmental Management,

(e) Zone C4 Environmental Living.

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

(a) a lot that is at least the minimum lot size specified for that lot by the Lot Size Map , or

(aa) a lot created in accordance with clause 4.1AB, or

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

(c) 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) an existing holding, or

(e) a neighbourhood lot resulting from the subdivision of land under clause 7.11.

(4) Despite subclause (3), development consent may be granted for the erection of a dwelling house on land in a zone to which this clause applies, and on which no dwelling house has been erected, if the erection of a dwelling house was permissible on that land under clause 50(3) of Bellingen Local Environmental Plan 2003 immediately before the commencement of this Plan

(5) Despite subclauses (3) and (4), development consent may be granted for the erection of a dwelling house on land to which this clause applies if--

(a) 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, or

(b) the land would have been a lot or a holding referred to in subclause (3) 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.

(6) In this clause--

"existing holding" means all adjoining land, even if separated by a road or railway, held in the same ownership--

(a) on 12 September 1969, and

(b) at the time of lodging a development application for the erection of a dwelling house under this clause,

and includes any other land adjoining that land acquired by the owner since 12 September 1969.

"lawfully erected dwelling house" includes a dwelling house erected in accordance with a building approval granted before 9 February 1990.

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.