Shellharbour Local Environmental Plan 2013

The objectives of this clause are as follows—

to minimise unplanned rural residential development,

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

This clause applies to land in the following zones—

Zone RU1 Primary Production,

Zone RU2 Rural Landscape,

Zone RU6 Transition,

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, and on which no dwelling house or dual occupancy (attached) has been erected, 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 dwelling house or dual occupancy (attached) 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 dwelling house or dual occupancy (attached) would have been permissible if the plan of subdivision had been registered before that commencement, or

would have been a lot or a holding referred to in paragraph (a), (b) or (c) 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.

Note.

A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.

Development consent may be granted for the erection of a dwelling house or 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) to be erected is intended only to replace the existing dwelling house or dual occupancy (attached).