37Rural dwellings and rural dual occupancy

37 Rural dwellings and rural dual occupancy

37 Rural dwellings and rural dual occupancy

(1) This clause applies to land within Zone No 1 (a), 1 (b), 1 (c), 1 (d) or 1 (r).

(2) Consent may be granted to the erection of a dwelling-house on a parcel of land to which this clause applies only if erection of the dwelling-house will result in no more than one dwelling-house on the same parcel, unless provided otherwise by this Part.

(3) Consent may be granted to the erection of a dwelling-house on land to which this clause applies only if the land—

(a) contains a site that is, in the opinion of the consent authority, suitable for a dwelling-house and that is easily accessed from a public road at a point of entry that will not cause a traffic hazard, and

(b) is of a suitable shape and size for the on-site disposal of septic waste, as verified by absorption tests or more detailed professional assessment to the satisfaction of the consent authority, and

(c) has a site for the dwelling-house and access that are not subject to adverse flood hazards, and

(d) when used for the dwelling-house, will minimise conflict with adjoining uses, and

(e) has a site for the dwelling-house that is not subject to erosion or landslip.

(4) Consent may be granted to the erection of a dwelling-house on land to which this clause applies only if the land—

(a) consists of an allotment having an area equal to or greater than the area specified in the Table to clause 36 (1) for the zone in which the land is situated, or

(b) consists of an allotment that was lawfully created in accordance with clause 36 (2), or

(c) consists of an allotment of any size that was lawfully created, or approved by the Council or consented to, before 27 March 1992 (the date of commencement of Lismore Local Environmental Plan 1992) and on which the dwelling-house could have been lawfully erected immediately before that date, or

(d) consists of an allotment consented to for use for residential purposes, in accordance with the provisions of Lismore Local Environmental Plan 1992, or

(e) consists of an allotment created in accordance with paragraph (a), (b), (c) or (d), the boundaries of which have been subsequently altered—