7Restriction on new dwellings at North Wagga Wagga

7 Restriction on new dwellings at North Wagga Wagga

7.1 Restriction on new dwellings at North Wagga Wagga

(1) The objective of this clause is to prevent intensified residential development on flood planning land in North Wagga Wagga and to control the replacement of, and alterations or additions to, lawfully erected dwellings on that land.

(2) This clause applies to land identified as a “Special Site” on the North Wagga Wagga Restrictions on New Dwellings Map.

(3) Despite any other provision of this Plan, development consent must not be granted for the erection of a new dwelling on land to which this clause applies unless the consent authority is satisfied that—

(a) the new dwelling is a replacement dwelling, and

(b) any habitable floor space contained within the replacement dwelling is above the flood planning level, and

(c) any non-habitable floor space below the flood planning level does not create an unreasonable risk of injury to persons or damage to property, and

(d) adequate arrangements have been made for the demolition and removal of the dwelling it replaces.

(4) Development consent must not be granted to a development application for the carrying out of alterations or additions to an existing dwelling on land to which this clause applies unless the consent authority is satisfied—

(a) that the dwelling as proposed to be altered or added to will be substantially the same as the existing dwelling, and

(b) if the existing dwelling does not contain habitable floor space below the flood planning level, the alterations or additions will not create any floor space below the flood planning level, and

(c) if the existing dwelling already contains habitable floor space below the flood planning level, the alterations or additions, when taken together with any alterations or additions for which development consent has been granted, will not result in the amount of habitable floor space below the flood planning level created by alterations or additions, exceeding 50 square metres, and

(d) if the alterations or additions will raise the height of the floor level of the entire dwelling, the finished floor level of the dwelling will be at or above the flood planning level.