34Rural Environmental Protection (Hinterland) and (Foreshore Protection) Zones—Dwelling-houses

34 Rural Environmental Protection (Hinterland) and (Foreshore Protection) Zones—Dwelling-houses

34 Rural Environmental Protection (Hinterland) and (Foreshore Protection) Zones—Dwelling-houses

(1) This clause applies to land within Zone No 7 (e) or 7 (f).

(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, 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, and

(iii) adequate public utility services are or will be available to the land, or

(c) 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

(d) 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

(e) 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) A person may, with the consent of the Council, erect a dwelling-house on land to which this clause applies and on which another dwelling-house is erected if the dwelling-house is intended to wholly replace the other dwelling-house which is to be demolished or removed from the site.

(5) Where a person owns—

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