New South Wales Consolidated Regulations

YASS VALLEY LOCAL ENVIRONMENTAL PLAN 2013 - REG 4.2B

4.2B Erection of dwelling houses and dual occupancies on land in certain rural and conservation zones

(1) The objectives of this clause are as follows--

(a) to minimise unplanned rural residential development,

(b) to enable the erection of dual occupancies in rural and conservation zones,

(c) to enable the replacement of lawfully erected dwelling houses or dual occupancies in rural and conservation zones.

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

(a) Zone RU1 Primary Production,

(b) Zone RU2 Rural Landscape,

(c) Zone RU4 Primary Production Small Lots,

(d) Zone C3 Environmental Management,

(e) Zone C4 Environmental Living.

(3) Development consent must not be granted for the erection of a dwelling house or a dual occupancy on land to which this clause applies 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 before this Plan commenced and on which the erection of a dwelling house or a 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 a dual occupancy would have been permissible if the plan of subdivision had been registered before that commencement, or

(d) is a lot resulting from a subdivision under clause 4.1 or clause 4.1B, 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, or

(iii) a consolidation with an adjoining 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.

(4) Development consent must not be granted under subclause (3) for the erection of a dwelling house unless--

(a) no dwelling house has been erected on the land, and

(b) if a development application has been made for development for the purpose of a dwelling house on the land--the application has been refused or it was withdrawn before it was determined, and

(c) if development consent has been granted in relation to such an application--the consent has been surrendered or it has lapsed.

(5) Development consent must not be granted under subclause (3) for the erection of a dual occupancy unless--

(a) no dual occupancy has been erected on the land, and

(b) if a development application has been made for development for the purpose of a dual occupancy on the land--the application has been refused or it was withdrawn before it was determined, and

(c) if development consent has been granted in relation to such an application--the consent has been surrendered or it has lapsed.

(6) Development consent may be granted for the erection of a dwelling house or a dual occupancy on land to which this clause applies if there is a lawfully erected dwelling house or a dual occupancy on the land and the dwelling house or the dual occupancy to be erected is intended only to replace the existing dwelling house or dual occupancy.

(7) Despite subclauses (3) and (6), development consent may be granted for the erection of a dwelling house to create a dual occupancy on land to which this clause applies if there is a lawfully erected dwelling house on the land.