New South Wales Repealed Regulations

This legislation has been repealed.

OBERON LOCAL ENVIRONMENTAL PLAN 1998 - REG 20

20 Erection of additional dwelling-houses on land in Zone No 1 (a) or 1 (e)

(1) Despite any other provision of this plan, the Council may consent to the erection on an allotment within Zone No 1 (a) or 1 (e) of a second dwelling-house or the alteration of an existing dwelling-house to create a second dwelling if the Council is satisfied that:

(a) the second dwelling-house or second dwelling is to be occupied by a rural worker or a member of the landowner's family, and

(b) the additional dwelling-house is located on the same allotment as the existing dwelling-house and the additional dwelling-house will not be capable of being excised by way of transfer of a new or existing title, and

(c) no additional access to a public road is required from the allotment, and

(d) the allotment has an adequate area and has appropriate topography and geology to facilitate on site effluent disposal, and

(e) for a rural worker's dwelling, the nature of the agricultural activity being undertaken on the land requires the rural worker to be on-site as a permanent resident.

(2) A dwelling-house:

(a) is not to be erected within, or within 100 metres of the high water mark of, a water body listed in Schedule 1, and

(b) is not to be erected:

(i) less than 150 metres from the boundary of any adjoining allotment of prime crop and pasture land or of other land that is being used for an agricultural activity, or

(ii) less than 50 metres from the boundary of any adjoining allotment of land that is not prime crop and pasture land and is not being used for an agricultural activity,

unless a buffer between the dwelling-house and the boundary of that allotment is provided in accordance with the provisions of Part B (Subdivision) of DCP 2001.

(3) Septic effluent from a dwelling-house is not to be discharged within 200 metres of the high water mark of a water body listed in Schedule 1 unless geotechnical and hydrogeomorphological reports satisfy the Council that the land can sustain safe disposal within this area.

(4) Nothing in this clause prevents the Council from granting consent to the erection on land within Zone No 1 (a) or 1 (e) of one or more dwelling-houses that are intended to be used as a tourist facility if the Council is satisfied that the proposed development specifically meets the aims of this plan.