New South Wales Consolidated Regulations

LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2014 - REG 5.9

5.9 Dwelling house or secondary dwelling affected by natural disaster

(1) The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

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

(a) RU2 Rural Landscape,

(b) RU4 Primary Production Small Lots,

(c) RU6 Transition,

(d) R1 General Residential,

(e) R2 Low Density Residential,

(f) R3 Medium Density Residential,

(g) E1 Local Centre,

(h) E2 Commercial Centre,

(i) E3 Productivity Support,

(j) MU1 Mixed Use,

(l) RE2 Private Recreation,

(m) C2 Environmental Conservation,

(n) C3 Environmental Management,

(o) C4 Environmental Living.

(3) Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if--

(a) the dwelling house or secondary dwelling was lawfully erected, and

(b) the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.