31Rural Environmental Protection (Scenic) Zone—Dwelling-houses

31 Rural Environmental Protection (Scenic) Zone—Dwelling-houses

31 Rural Environmental Protection (Scenic) Zone—Dwelling-houses

(1) This clause applies to land within Zone No 7 (d).

(2) A person shall not erect a dwelling-house or carry out dual occupancy development on land to which this clause applies except in accordance with this clause.

(3) Where land to which this clause applies does not have a dwelling-house erected on it, a person may, with the consent of the Council, erect a dwelling-house or carry out dual occupancy development if the land—

(a) has an area of not less than 40 hectares, or

(b) comprises the whole of an existing holding (or an existing holding affected only by a subdivision carried out in accordance with clause 30 (8)), being an existing holding that has an area of not less than 20 hectares and the Council is satisfied that—

(i) there will be adequate vehicular access to the dwelling-house or dwellings, and

(ii) the erection of the dwelling-house or dwellings will not create or increase ribbon development along an arterial road, or

(c) (Repealed)

(d) is an allotment created with the consent of the Council, being an allotment referred to in clause 18 (3) (e) of Kiama Local Environmental Plan No 5 as in force immediately before its repeal by this plan, or

(e) is a concessional allotment within the meaning of paragraph (a) of the definition of concessional allotment in clause 16 (2) of Kiama Local Environmental Plan No 5 as in force immediately before its repeal by this plan, or

(f) is an allotment having an area of less than 40 hectares and was created under the provisions of clause 32 (1) of the Kiama Planning Scheme Ordinance.

(4) Where a person owns—

(a) a lot, portion or parcel of land, or

(b) two or more adjoining or adjacent lots, portions or parcels of land,

being land to which this clause applies, the person may, with the consent of the Council, erect one additional dwelling-house on that land for use as a rural worker’s dwelling where the Council is satisfied that the additional dwelling-house will be actually occupied by a person employed or engaged by the owner of the land in the use of the land for the purposes of agriculture and that separate ownership of the proposed dwelling could only be achieved by a subdivision of the land in accordance with clause 30.