Shellharbour Local Environmental Plan 2000
15Controls for building dwelling houses within Zone 1 (a)
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15 Controls for building dwelling houses within Zone 1 (a)
15 Controls for building dwelling houses within Zone 1 (a)
(1) Despite any other provision of this plan, the Council must not consent to the erection of a dwelling house on an allotment in Zone 1 (a) that has an area of less than 40 hectares unless—
(a) that allotment is a vacant original holding, or
(b) the allotment has been created in accordance with a subdivision approval (or a consent for a subdivision) on which no condition has been imposed prohibiting the erection of a dwelling house on the subject property.
(2) Despite any other provision of this plan, the Council must not consent to the erection of more than one dwelling house on an allotment in Zone 1 (a) unless it is satisfied that the dwelling house will be used or occupied by a person engaged by the owner of that land in the pursuit of agriculture on that land or on land adjacent to or adjoining that land.
(3) Consent must not be granted for a dwelling house on an allotment of land in Zone 1 (a) with an area of less than 40 hectares unless the Council places a condition on the consent requiring that allotment to be consolidated with any adjoining land in the same ownership until either all adjoining properties within the same ownership are consolidated or a minimum area of 40 hectares is achieved.
(4) Despite any other provision of this plan, the Council may consent to the erection of a dwelling house on land within Zone 1 (a) in the “Jamberoo Valley Rural Conservation Area” (which is shown on the map) only if the property to which the application relates has an area of 40 hectares or more or if the Council is satisfied that the property is a vacant original holding.
(5) Despite any other provision of this plan, the Council must not consent to the erection of a second dwelling house on land within Zone 1 (a) in the “Jamberoo Valley Rural Conservation Area” (which is shown on the map) where—
(a) the property to which the application relates has an area of less than 40 hectares, or
(b) the dwelling house will not be ancillary to the agricultural use of the land, or
(c) separate ownership of the proposed dwelling house will be achievable without the subdivision of the land, or
(d) an additional access to a public road is required from the land as a result of the erection of the dwelling house, or