Bega Valley Local Environmental Plan 2002
17Controls for erecting dwelling houses within Zone 1 (a)
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17 Controls for erecting dwelling houses within Zone 1 (a)
17 Controls for erecting dwelling houses within Zone 1 (a)
(1) Despite any other provision of this plan except this clause, consent must not be granted to the erection of a dwelling house on an allotment in Zone 1 (a) unless the land—
(a) comprises an allotment of not less than 120 hectares, or
(b) comprises an allotment created for the purpose of a dwelling house by a subdivision for which consent has been granted,
(c) comprises an allotment identified as the residue in a subdivision for which consent has been granted for the excision of allotments for the purpose of a dwelling house, or
(d) comprises an existing holding on which there is no other dwelling house and the consent authority is satisfied that—
(i) the land is of sufficient size and the soils are of appropriate quality for the effective on-site disposal of domestic waste, and
(ii) the erection of a dwelling house will not create or increase any demand for the uneconomic provision or upgrading of roads and other utilities to that land.
(2) Notwithstanding any other provision of this clause, consent may be granted to the erection of a dwelling house on an allotment (including a portion of a Parish or a lot in a Crown plan) within Zone 1 (a) that was lawfully created prior to 7 January 1966 and that is not an existing holding if the consent authority is satisfied that—
(a) the erection of the dwelling house will not create any substantial conflict with the objectives of the zone, and
(b) the erection of a dwelling house will not create or increase demand for the uneconomic provision of services to the locality, and
(c) (Repealed)
(3) (Repealed)
(4) Consent may be granted to a development application made pursuant to subclause (2) for land within an existing holding that at 1 July 2000 was owned separately from any other land within the existing holding, even where that development application does not comply with one or more of paragraphs (d), (e), (f), (g), (h) and (l) of subclause (5) if a dwelling house was otherwise permissible on the land immediately prior to the commencement of this plan.