Lake Macquarie Local Environmental Plan 2014

The objectives of this clause are as follows—

to minimise unplanned rural residential development,

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

This clause applies to land in the following zones—

Zone RU2 Rural Landscape,

Zone RU4 Primary Production Small Lots,

Zone RU6 Transition,

Zone C2 Environmental Conservation,

Zone C3 Environmental Management,

Zone C4 Environmental Living.

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

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

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

is a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dual occupancy (attached) or dwelling house 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 a holding referred to in paragraph (a), (b), (c) or (d) 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 dual occupancy (attached) or dwelling house has been erected on the land, and

if a development application has been made for development for the purpose of a dual occupancy (attached) or dwelling house on the land—the application has been refused or it was withdrawn before it was determined, and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 dual occupancy (attached) or dwelling house on land to which this clause applies if there is a lawfully erected dual occupancy (attached) or dwelling house on the land and the dual occupancy (attached) or dwelling house to be erected is intended only to replace the existing dual occupancy (attached) or dwelling house.

Land ceases to be an existing holding for the purposes of subclause (3) (d) if an application for development consent referred to in that subclause is not made in relation to that land before 31 December 2016.

In this clause—

was a holding on 21 August 1981, and

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