57Protection of existing dwelling entitlement

57 Protection of existing dwelling entitlement

57 Protection of existing dwelling entitlement

(1) Objectives

• to protect an existing dwelling entitlement on an allotment lawfully created or the creation of which was lawfully consented to before the commencement of this plan.

• to protect an existing dwelling entitlement on an allotment lawfully created after the commencement of this plan if each other allotment created by the subdivision is created for a public purpose or if the allotment was created by a subdivision pursuant to clause 19 (3).

(2) Nothing in this plan prevents a person, with development consent, from erecting a dwelling house on an allotment lawfully created, or the creation of which was lawfully consented to, before the appointed day and on which a dwelling house could lawfully have been erected immediately before the appointed day.

(3) Neither clause 20 nor the Table to clause 11 prevents consent being granted—

(a) to a subdivision of an area of land in Zone 1 (a), 1 (b), 7 (d) or 7 (1) to excise an allotment of at least one hectare to be used for the purpose of a dwelling house, but only if the consent authority is satisfied that each other allotment created by the subdivision is created for a public purpose, and

(b) to the erection of a dwelling house on the excised allotment, but only if no more dwelling houses will be erected on the area after its subdivision than the greatest number of dwelling houses that could have been erected on the area in accordance with subclause (2) immediately before its subdivision.

(4) An allotment is created for a public purpose as referred to in subclause (3) (a) only if it is created—

(a) for the purpose of widening or realigning a public road, or

(b) so the land may be classified as community land under the Local Government Act 1993, or

(c) so the land may be classified as operational land under that Act and used for public infrastructure, or

(d) so that land may be dedicated as a public reserve or dedicated or reserved as a nature reserve or national park (within the meaning of the National Parks and Wildlife Act 1974).