Clause 4(1)(b)(i) of SEPP No. 5 applies to land on which development for the purpose of dwelling-houses is permitted under a local environmental planning instrument, regardless of whether the instrument qualifies or limits the circumstances in which dwelling-house development is permitted — including location requirements, use-in-conjunction requirements, and ancillary use requirements. A local environmental plan cannot defeat the application of SEPP No. 5 by attaching conditions to the dwelling-house purpose.
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