New South Wales Consolidated Regulations

WENTWORTH LOCAL ENVIRONMENTAL PLAN 2011 - REG 4.2B

4.2B Erection of dwelling houses on land in Zones RU1, RU4, R5, C3 and C4

(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.

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

(a) Zone RU1 Primary Production,

(aa) Zone RU4 Primary Production Small Lots,

(ab) Zone R5 Large Lot Residential,

(b) Zone C3 Environmental Management,

(c) Zone C4 Environmental Living.

(3) Development consent must not be granted for the erection of a dwelling house on land in a zone to which this clause applies unless the land is--

(a) a lot that is at least the minimum lot size specified for that land by the Lot Size Map , or

(b) a lot created under an environmental planning instrument before this Plan commenced and on which the erection of a dwelling house was permissible immediately before that commencement, or

(c) 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 would have been permissible if the plan of subdivision had been registered 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.

(4) Subclause (3) does not apply if--

(a) there is a lawfully erected dwelling house on the land, and

(b) the dwelling house to be erected is intended only to replace the existing dwelling house.