New South Wales Consolidated Regulations

WOLLONGONG LOCAL ENVIRONMENTAL PLAN 2009 - REG 4.2A

4.2A Erection of dwelling houses on land in certain rural and conservation zones

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

Zone RU1 Primary Production,

Zone RU2 Rural Landscape,

Zone C3 Environmental Management.

(2) Development consent must not be granted for the erection of a dwelling house on land to which this clause applies, and on which no dwelling house has been erected, unless the land is--

(a) a lot created in accordance with clause 4.1, or

(b) a lot created before this Plan commenced that met the minimum lot size specified to permit the erection of a dwelling house under Wollongong Local Environmental Plan 1990 in effect 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) land that will be a lot in a subdivisions for which development consent was granted or approval under Part 3A of the Act was given 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 with an area of not less than 10 hectares, or

(f) a lot that was created after 30 April 1971 but before 23 February 1984 and which has an area of not less than 20 hectares, or

(g) a lot that was created on or after 23 February 1984 but before the commencement of this Plan and which has an area of not less than 40 hectares, or

(h) a lot that was created before the commencement of this Plan, but only if the subdivision requirements for the land, or number of dwelling houses to be erected on the land, were specified in Schedule 2 to the Wollongong Local Environmental Plan 1990 immediately before that commencement.

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) Land ceases to be an existing holding for the purposes of subclause (2) (e), if an application for development consent referred to in subclause (2) is not made in relation to that land before 31 December 2012.

(4) 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.

(5) In determining whether to grant consent for the erection of a dwelling house, the consent authority must consider the extent to which the development is likely to affect the environmental and ecological conservation of the land with respect to the extent of clearing required for the development, including any clearing required for the provision of infrastructure, access and any asset protection zone identified for the land in a bush fire risk management plan in force under the Rural Fires Act 1997 .

(6) In this clause--

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

(a) on 30 April 1971, 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 30 April 1971.

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.