Bogan Local Environmental Plan 2011
4.2B Erection of dwelling houses on land in certain rural zones
(1) The objectives of this clause are as follows:(a) to minimise unplanned rural residential development,(b) to enable the replacement of lawfully erected dwelling houses in rural zones.(2) This clause applies to land in the following zones:(a) Zone RU1 Primary Production,(b) Zone RU3 Forestry.(3) Development consent must not be granted for the erection of a dwelling house on land in a zone to which this clause applies, and on which no dwelling house has been erected, unless the land is:(a) a lot that is at least the minimum lot size specified for that land by the Lot Size Map, or(b) a lot created under an environmental planning instrument before this Plan commenced and on which the erection of a dwelling house was permissible immediately before that commencement, or(c) 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 would have been permissible if the plan of subdivision had been registered before that commencement, or(d) an existing holding.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.(4) 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 within 12 months after the commencement of this Plan.(5) Despite subclause (3), development consent may be granted for the erection of a dwelling house on land to which this clause applies if:(a) there is a lawfully erected dwelling house on the land and the dwelling house to be erected is intended only to replace the existing dwelling house, or(b) the land would have been a lot or a holding referred to in subclause (3) had it not been affected by:(i) a minor realignment of its boundaries that did not create an additional lot, or(ii) a subdivision creating or widening a public road or public reserve or for another public purpose.(6) In this clause:existing holding means land that:(a) was a holding on 12 March 1982, andwhether or not there has been a change in the ownership of the holding since 12 March 1982, and includes any other land adjoining that land acquired by the owner since 12 March 1982.(b) is a holding at the time the application for development consent referred to in subclause (3) is lodged,holding means all adjoining land, even if separated by a road or railway, held by the same person or persons.Note.The owner in whose ownership all the land is at the time the application is lodged need not be the same person as the owner in whose ownership all the land was on the stated date.