New South Wales Consolidated Regulations

PARKES LOCAL ENVIRONMENTAL PLAN 2012 - REG 4.2A

4.2A Erection of dwelling houses, dual occupancies (attached) and secondary dwellings on land in Zone RU1

(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, dual occupancies (attached) and secondary dwellings in Zone RU1 Primary Production.

(2) Development consent must not be granted for the erection of a dwelling house, dual occupancy (attached) or secondary dwelling on land in Zone RU1 Primary Production 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, dual occupancy (attached) or secondary dwelling 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, dual occupancy (attached) or secondary dwelling 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.

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 subclause (2), development consent may be granted for the erection of a dwelling house, dual occupancy (attached) or secondary dwelling on land in Zone RU1 Primary Production if there is a lawfully erected dwelling house, dual occupancy (attached) or secondary dwelling on the land and the dwelling house, dual occupancy (attached) or secondary dwelling to be erected is intended only to replace the existing dwelling house, dual occupancy (attached) or secondary dwelling.

(4) In this clause--

"existing holding" means land that--

(a) was a holding on 14 December 1990, and

(b) is a holding at the time the application for development consent referred to in subclause (2) is lodged,

whether or not there has been a change in the ownership of the holding since 14 December 1990, and includes any other land adjoining that land acquired by the owner since 14 December 1990.

"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.