4.2A Erection of dwelling houses in rural and enviro zones ...

Erection of dwelling houses on land in certain rural and environmental protection zones General Information This model clause has been drafted to reflect the majority of dwelling house provisions in existing LEPs. The clause should be used by all councils that currently permit dwelling houses in rural and/or environment protection zones or intend to in the new comprehensive SI LEPs. It is noted that in certain circumstances the model clause may not address all circumstances and councils should contact the relevant Regional Office of the Department to discuss these issues. In particular, councils may wish to insert an additional part which sunsets the provisions in subclauses (3)(b) & (3)(c). The name/s of the EPI(s) preceding the SI LEP can also be named in subclause (3) for additional clarity. The model clause introduces a definition for existing holding for the purpose of this provision only.

A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2. Drafting direction. If the intention is to permit secondary dwellings or dual occupancies as well as dwelling houses, then the specific types of dwellings for which the clause is to apply should be listed and the

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  Secondary, Dwelling

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