Shellharbour Local Environmental Plan 2013

This clause applies to development on land in a residential zone.

Development for the purposes of the temporary use of a single moveable dwelling, other than a moveable dwelling that is a manufactured home, as a secondary dwelling is exempt development on the land.

To be exempt development under this clause, the development must—

be for the use of a moveable dwelling that is—

a registrable vehicle, and

on wheels, and

if the moveable dwelling is a motor vehicle—

have a maximum length of 12.5m, and

have a maximum width of 2.5m, and

have a maximum height of 4.3m, and

if the moveable dwelling is a trailer—

have a maximum length of 12.3m, and

have a maximum width of 2.5m, and

have a maximum height of 4.3m, and

be located on a lot that is—

a Torrens title lot, and

at least 450m², and

be located on the same lot as a single existing lawful dwelling house, and

not be located on the following land—

flood prone land,

land occupied by a heritage item or draft heritage item,

land within a heritage conservation area or draft heritage conservation area,

land in a foreshore area,

land in an environmentally sensitive area,

land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,

land declared critical habitat under the Fisheries Management Act 1994, Part 7A,

contaminated land, and

not be located on, or only be accessed from a public road by, bush fire prone land, and

be located—

if the site is a corner lot—behind the building line of the principal dwelling to the primary road boundary and at least—

if the site area is less than 600m²—2m from the secondary road boundary, or

if the site area is 600m² or more—3m from the secondary road boundary, or

otherwise—behind the front building line of the principal dwelling, and

be located at least 1.8m from the principal dwelling and any structures attached to the principal dwelling, and

have a minimum setback of—

if the site area is not more than 900m²—

0.9m from the side boundary, and

3m from the rear boundary, or

if the site area is more than 900m² but not more than 1,500m²—

1.5m from the side boundary, and

5m from the rear boundary, or

if the site area is more than 1,500m²—

2.5m from the side boundary, and

10m from the rear boundary, and

be located at least 3m from the trunk of a protected tree, and

not be on a slope greater than 5%, and

ensure an area of at least 20m² serves as private open space for the primary dwelling, and

not be installed over an easement, and

be connected to existing reticulated sewerage, stormwater drainage and potable water systems for the site, and

not involve the removal, pruning or other clearing of a protected tree unless undertaken in accordance with a permit, approval or development consent for the removal, pruning or other clearing of the protected tree, and

not contravene any conditions of a development consent currently operating on the land, and

not result in less than 2 parking spaces for the site, and

be equipped with a smoke alarm installed in accordance with the National Construction Code and the Australian Building Codes Board Housing Provisions Standard 2022, and

remain on wheels but be secured to the site in accordance with the manufacturer’s instructions, and

only be attached to the principal dwelling to the extent necessary to connect to utility services, and

be verified by a suitably qualified engineer as being structurally adequate, and

be safe and suitable for use as a residential premises.

This clause ceases to have effect on 4 September 2028.

In this clause—