New South Wales Consolidated Regulations

LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2014 - REG 4.2A

4.2A Erection of dual occupancies (attached) and dwelling houses on land in certain rural 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 dual occupancies (attached) and dwelling houses in rural and environment protection zones.

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

(a) Zone RU2 Rural Landscape,

(b) Zone RU4 Primary Production Small Lots,

(c) Zone RU6 Transition,

(d) Zone E2 Environmental Conservation,

(e) Zone E3 Environmental Management,

(f) Zone E4 Environmental Living.

(3) Development consent must not be granted for the erection of a dual occupancy (attached) or dwelling house on land to which this clause applies 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 before this Plan commenced and on which the erection of a dual occupancy (attached) or 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 dual occupancy (attached) or dwelling house would have been permissible if the plan of subdivision had been registered before that commencement, or

(d) is an existing 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, or

(iii) a consolidation with an adjoining 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 under subclause (3) unless--

(a) no dual occupancy (attached) or dwelling house has been erected on the land, and

(b) if a development application has been made for development for the purpose of a dual occupancy (attached) or dwelling house on the land--the application has been refused or it was withdrawn before it was determined, and

(c) if development consent has been granted in relation to such an application--the consent has been surrendered or it has lapsed.

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

(6) Land ceases to be an existing holding for the purposes of subclause (3) (d) if an application for development consent referred to in that subclause is not made in relation to that land before 31 December 2016.

(7) In this clause--

"existing holding" means land that--

(a) was a holding on 21 August 1981, and

(b) 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 21 August 1981, and includes any other land adjoining that land acquired by the owner since 21 August 1981.

"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.