15Dwelling-houses

15 Dwelling-houses

15 Dwelling-houses

(1) This clause applies to land within Zone No 1 (a), 1 (b1), 1 (b2), 1 (c1), 1 (c2) 1 (d), 7 (c) or 7 (d).

(1A) A dwelling-house may not be erected on land to which this clause applies except in accordance with this clause.

(2) In subclause (2A), existing holding means—

(a) an allotment, lot or portion in existence on the relevant day that was not on that day held in the same ownership as any adjoining or adjacent allotment, lot or portion, and that has not been subdivided since that day, or

(b) each area of land comprised of all adjoining or adjacent allotments, lots or portions that were held in the same ownership on the relevant day, and that have not been subdivided since that day.

In this definition, relevant day means—

(a) in the case of land formerly subject to Interim Development Order No 1—Shire of Byron, 8 November 1968, or

(b) in the case of land formerly subject to Interim Development Order No 1—Municipality of Mullumbimby, 9 November 1973.

(2A) Consent may be granted to the erection of a dwelling-house on land to which this clause applies only if there is no dwelling already on the land and only if the land is—

(a) an existing holding, or

(b) an allotment created in accordance with clause 11, 11B, 12(3) or 13, or

(c) a lot or portion referred to in Schedule 7, or

(d) if a deposited plan is referred to in Schedule 7 without reference to any particular lot or lots in it, any of the lots in the deposited plan, or

(e) a portion or a lot (not included by paragraph (c) or (d)) that was created between 8 November 1968 and 21 April 1988 under the provisions of Interim Development Order No 1—Shire of Byron or Interim Development Order No 1—Municipality of Mullumbimby and is subject to a certificate of subdivision signed during that period by the Council’s Clerk.

(2B) However, subclause (2A) does not prevent consent being granted to the erection of a dwelling-house on land described in that subclause that has been affected only by the following—

(a) a minor boundary adjustment, such as to rectify an encroachment on an allotment,