New South Wales Consolidated Regulations

MID-WESTERN REGIONAL LOCAL ENVIRONMENTAL PLAN 2012 - REG 4.2A

4.2A Erection of dwelling houses, dual occupancies and tourist and visitor accommodation on land in certain 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 in rural and conservation zones,

(c) to control rural residential density affected by historical subdivision patterns in Zone R5 Large Lot Residential.

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

(a) Zone RU1 Primary Production,

(b) Zone RU4 Primary Production Small Lots,

(c) Zone RU5 Village,

(d) Zone R5 Large Lot Residential,

(e) Zone C3 Environmental Management.

(3) Development consent must not be granted for the erection of a dwelling house or dual occupancy on land in a zone 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 or holding that existed 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

(d) is an existing holding that is not within Zone R5 Large Lot Residential, or

(e) would have been a lot or a holding referred to in paragraphs (a)-(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

(f) is, in the case of land within 500 metres of land within Zone RU5 Village, a lot that has an area of at least 5 hectares, that has a sealed road frontage and that is connected to the sealed road network, or

(g) is a holding within Zone R5 Large Lot Residential that has an area of at least 5 hectares, that has all weather access, including all weather vehicular access, to which adequate services provided by public utility undertakings are available and that is suitable for the on-site disposal of domestic wastewater, or

(h) is a former holding, or

(i) is a former rural lot that has an area of at least 40 hectares.

(3A) Development consent must not be granted to development for the purposes of tourist and visitor accommodation on land to which this clause applies unless a dwelling house or dual occupancy is permitted to be erected on the land under subclause (3).

(4) 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 on the land and the dwelling house to be erected is intended only to replace the existing dwelling house.

(5) In this clause--

"existing holding" means land that--

(a) was a holding on the relevant date, 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 the relevant date,

and includes any other land adjoining that land acquired by the owner since the relevant date.

"former holding" means land--

(a) that was a holding on 9 August 2012, and

(b) that 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 ownership of the holding since 9 August 2012, and

(c) that is at least the minimum lot size applicable under the environmental planning instrument that applied to the land immediately before the commencement of this Plan.

"former rural lot" means a lot--

(a) located in the former Mudgee, Rylstone or Merriwa local government areas, and

(b) that was created prior to the commencement of this Plan, and

(c) on which the erection of a dwelling house was permissible immediately before that commencement, and

(d) that is in Zone RU1 Primary Production, and

(e) in respect of land in the former Mudgee local government area--that was held in separate ownership from any adjoining land on 11 February 1985.

"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.

"relevant date" means--

(a) in relation to land marked "Mudgee" on the Former LEP Boundaries Map --29 November 1967, or

(b) in relation to land marked "Merriwa" on the Former LEP Boundaries Map --18 April 1975, or

(c) in relation to land marked "Cudgegong" on the Former LEP Boundaries Map --24 November 1967, or

(d) in relation to land marked "Rylstone" on the Former LEP Boundaries Map --31 July 1970.