The purpose of this procedure is to provide a clear guide for establishing whether a parcel of land contains a dwelling entitlement. A dwelling entitlement provides a right to make an application for the construction of a dwelling house on a parcel of land. However, it does not provide a guaranteed right as consent is dependant upon a merit-based assessment under Section 79C of the Environmental Planning and Assessment Act, 1979.
The existing holding provisions have been included in Dungog Councils Local Environmental Plan (LEP) 2014 to prevent further fragmentation of rural and environmental protection land and to protect rural landowners’ dwelling entitlement where the existing property is less than the new minimum lot size. This is known as the “existing holdings” provisions.
Note: This procedure only applies to land within the RU1 Primary Production, E3 Environmental Management and E4 Environmental Living Zones”.