New South Wales Consolidated Regulations

MUSWELLBROOK LOCAL ENVIRONMENTAL PLAN 2009 - REG 7.5

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

(1) This clause applies to any of the following zones--

(a) Zone RU1 Primary Production,

(b) Zone RU3 Forestry,

(c) Zone C3 Environmental Management.

(2) 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 created in accordance with clause 4.1, 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 created before this Plan commenced that is at least the minimum lot size specified for that lot by the Lot Size Map , or

(d) a lot for which subdivision approval was granted before this Plan commenced and on which the erection of a dwelling house would have been permissible immediately before that commencement, or

(e) an existing holding.

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.

(3) Despite any other provision of this clause, development consent may be granted for the erection of a dwelling house on land in a zone 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 (2) 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.

(4) In this clause--

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

(a) on 11 April 1974, 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 11 April 1974.

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.