New South Wales Consolidated Regulations

BEGA VALLEY LOCAL ENVIRONMENTAL PLAN 2013 - REG 4.2A

4.2A Erection of dwelling houses and dual occupancies on land in certain rural, residential and conservation 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 and dual occupancies in rural, residential 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 R5 Large Lot Residential,

(e) Zone C3 Environmental Management,

(f) Zone C4 Environmental Living.

(3) Development consent must not be granted for the erection of a dwelling house or dual occupancy on land to which this clause applies, and on which no dwelling house or dual occupancy 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 or dual occupancy 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 or dual occupancy would have been permissible if the plan of subdivision had been registered before that commencement, or

(ca) is a lot resulting from a subdivision under clause 4.1B(3), or

(d) is an original holding, or

(da) for the erection of a dwelling house--is a relevant lot on which the erection of a dwelling house was permissible immediately before 9 May 2008, or

(e) would have been a lot or a holding referred to in paragraph (a), (b), (c), (d) or (da) 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.

(4) Development consent must not be granted for the erection of a dwelling house on a relevant lot unless the consent authority is satisfied of the following--

(a) the lot is physically suitable for the erection of the dwelling house,

(b) the lot is capable of accommodating the on-site disposal and management of sewage for the dwelling house,

(c) the lot does not--

(i) contain or adjoin a perennial stream, or

(ii) have an easement to draw water from a perennial stream,

(d) the erection of the dwelling house will not cause a significant conflict with--

(i) an existing use of the land, or

(ii) an agricultural use of adjacent land,

(e) the dwelling house will not be located within 100m of the boundary of a national park or nature reserve,

(f) the dwelling house will have direct vehicular access to and from a public road other than a highway within the meaning of the Roads Act 1993 ,

(g) adequate services for the disposal and management of rubbish generated by the occupants of the dwelling house are available,

(h) the dwelling house will be designed, sited and managed to--

(i) avoid a significant adverse environmental impact on the land, or

(ii) if an impact cannot reasonably be avoided--minimise and mitigate the impact.

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

(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.

"national park" and
"nature reserve" have the same meanings as in the National Parks and Wildlife Act 1974 .

"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.

"relevant lot" means a lot--

(a) with a lot size of at least 2ha and not more than 10ha, and

(b) on land other than an area designated "Class 1" or "Class 2" in the Land and Soil Capability Mapping for NSW dataset published by the Department in February 2013 and revised in October 2021, and

(c) not entirely enclosed by one or more of the following--

(i) a national park or nature reserve,

(ii) a state conservation area within the meaning of the National Parks and Wildlife Act 1974 ,

(iii) a state forest within the meaning of the Forestry Act 2012 .