38Areas of High Conservation Value—Dwellings

38 Areas of High Conservation Value—Dwellings

38 Areas of High Conservation Value—Dwellings

(1) Except as provided by subclause (2) a person shall not erect a dwelling-house, an attached dwelling resulting from dual occupancy development or a building ancillary to such dwellings on land within an area of high conservation value.

(2) A person may, with the consent of the Council, erect a dwelling-house or an attached dwelling on an allotment of land within an area of high conservation value 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, and

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

(iii) adequate 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 created before 21 August 1981 in accordance with clause 32 (1) of the Kiama Planning Scheme Ordinance before its repeal, or

(f) is an allotment having an area of less than 40 hectares, but not less than 20 hectares, created in accordance with the Kiama Planning Scheme Ordinance before its repeal.

(3) The Council shall not grant consent to the erection of a dwelling-house, an attached dwelling or another building referred to in subclause (1) on any land within a zone that is in an area of high conservation value unless it is satisfied that—

(a) there is no alternative site on land within a more appropriate zone, and

(b) there is no reasonable alternative site for the proposed development on land within the zone that is not in an area of high conservation value, and