Campbelltown Local Environmental Plan 2015

The objectives of this clause are as follows—

to enable the replacement of lawfully erected dwelling houses and dual occupancies (attached), and the realisation of dwelling entitlements in rural and conservation zones,

to restrict the extent of residential development in rural and conservation zones to maintain the existing character,

to recognise the contribution that development density in these zones makes to the landscape and environmental character of those places.

This clause applies to land in the following zones—

Zone RU2 Rural Landscape,

Zone C3 Environmental Management,

Zone C4 Environmental Living.

Development consent must not be granted for the erection of a dwelling house or a dual occupancy (attached) on land to which this clause applies unless the land—

is a lot that has at least the minimum lot size shown on the Lot Size Map in relation to that land, or

is a lot created under this Plan (other than clause 4.2(3)), or

is a lot created under an environmental planning instrument before this Plan commenced and on which the erection of a dwelling house or a dual occupancy (attached) was permissible immediately before that commencement, or

is a lot resulting from a subdivision for which development consent (or its equivalent) was granted before this Plan commenced and on which the erection of a dwelling house or a dual occupancy (attached) would have been permissible if the plan of subdivision had been registered before that commencement, or

is an existing holding, or

would have been a lot or holding referred to in paragraph (a), (b), (c), (d) or (e) had it not been affected by—

a minor realignment of its boundaries that did not create an additional lot, or

a subdivision creating or widening a public road or public reserve or for another public purpose, or

a consolidation with an adjoining public road or public reserve or for another public purpose.

Development consent must not be granted under subclause (3) unless—

no dwelling house or dual occupancy (attached) has been erected on the land, and

if a development application has been made for development for the purposes of a dwelling house or dual occupancy (attached) on the land—the application has been refused or it was withdrawn before it was determined, and

if development consent has been granted in relation to such an application—the consent has been surrendered or it has lapsed.

Development consent may be granted for the erection of a dwelling house or a dual occupancy (attached) on land to which this clause applies if there is a lawfully erected dwelling house or dual occupancy (attached) on the land and the dwelling house or dual occupancy (attached) proposed to be erected is intended only to replace the existing dwelling house or dual occupancy (attached).

Development consent may be granted to convert a dwelling house into, or to replace a dwelling house with, a dual occupancy (attached) on land to which this clause applies if no dual occupancy (attached) exists on the land and the dual occupancy (attached) is designed and will be constructed to have the appearance of a single dwelling.

In this clause—

was a holding on the relevant date, and

is a holding at the time the application for development consent referred to in subclause (3) is lodged,

in the case of land to which Campbelltown (Urban Area) Local Environmental Plan 2002 applied immediately before the commencement of this Plan—

for land identified as “25 February 1977” on the Former LEP and IDO Boundaries Map—25 February 1977, or

for land identified as “15 July 1977” on the Former LEP and IDO Boundaries Map—15 July 1977, or

for land identified as “3 November 1978” on the Former LEP and IDO Boundaries Map—3 November 1978, or

in the case of land to which Campbelltown Local Environmental Plan—District 8 (Central Hills Lands) applied immediately before the commencement of this Plan—20 September 1974, or

in the case of land to which Campbelltown Local Environmental Plan No 1 applied immediately before the commencement of this Plan—26 June 1981, or

in the case of land to which Interim Development Order No 13—City of Campbelltown applied immediately before the commencement of this Plan—20 September 1974, or

in the case of land to which Interim Development Order No 15—City of Campbelltown applied immediately before the commencement of this Plan—27 September 1974, or

in the case of land to which Interim Development Order No 28—City of Campbelltown applied immediately before the commencement of this Plan—3 November 1978.