We offer this information ONLY as a starting point for discussion as to whether or not a dwelling entitlement may exist on land at Yerranderie. You MUST get your own legal advice and consult with Wollondilly Council. You MUST NOT rely on any information here when considering the purchase or sale of real estate at Yeranderie!
A dwelling entitlement only means that Council is able to consider your building application. IT DOES NOT provide any guaranteed right to carry out building works and there are many reasons why your application could still be refused even if you have a dwelling entitlement. Consent for the construction of a dwelling is subject to an assessment under Section 4.15 of the Environmental Planning and Assessment Act 1979.
Wollondilly Council has an online Dwelling Entitlement Enquiry form here.
2011 Local Environment Plan
There has been a widespread belief that since the introduction of the 2011 LEP no dwellings can be built on blocks less than 40 hectares in the Yerranderie area which is zoned C3.
We have been consulting with the Town Planning department at Wollondilly Council who have confirmed that this is not necessarily the case.
Below is the response we received from the Council planning department on the 5th of January 2023…..
Clause 4.2A of Wollondilly LEP2011 applies to Yerranderie and to establish a dwelling on a site, one of the following clauses must be met.
(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 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.
As such, if anyone has a block which, prior to the 2011 LEP, a dwelling was permissible, Clause (b) above would apply and that permissibly would still exist.
So we need to step back to the 1991 Local Environment Plan to see if a dwelling was permissible on Yerranderie blocks before the 2011 LEP.
1991 Local Environment Plan
We know of at least one building approval granted by Wollondilly Council in Yerranderie under the 1991 LEP. This was around 1996. Lets have a look at what basis it was that Council determined this dwelling to be permissible…..
Here is the 1991 zoning Map which indicates that the Yerranderie area was zoned 5 (c1) prior to 2011.
Here is the whole Wollondilly 1991 LEP in PDF format from the NSW Legislation website as it was when repealed in 2011. The links below go directly to the relevant section at the NSW Legislation web site.
The Zone Objectives of the 1991 LEP details that Dwelling Houses in Zone 5 (c1) were permissible with development consent. Part 3 Section 13 (2) (a), also states that the minimum block size for a dwelling entitlement needed to be 40 Hectares.
But there was an exception to this. Later on in the same Part 3 Section 13, Clause (7) states:
Notwithstanding sub clauses (5) and (6), a dwelling-house may be erected on any parcel of land which was not held in common ownership with any adjoining or adjacent land in respect of which consent to erect a country dwelling or a dwelling-house could have been granted by the council in accordance with the provisions of the Wollondilly Planning Scheme Ordinance as in force prior to 18 July 1973.
So we need to step back in time once again, this time to find out if dwellings were permissible under the 1971 Wollondilly Planning Scheme Ordinance.
1971 Wollondilly Planning Scheme Ordinance
There were a number of dwellings in Yerranderie approved by Wollondilly Council in the 1970’s and 1980’s which were approved under the 1971 Wollondilly Planning Scheme Ordinance and it’s subsequent amendments. Let’s take a look at the Ordinance to find out why Council made these approvals….
We are now looking at information from before the digital age but you can download a copy of the scanned 1971 Planning Scheme Ordinance here.
It can be seen on page 18 of the Ordinance that Yerranderie from 1971 onwards was zoned 5 (c) Special Uses – Catchment and “Country Dwellings” were permissible. The definition, however of a “Country Dwelling” (on page 3) required a minimum block size of 25 acres.
But there was an exception to this…. On page 26 is Clause 32: Variation of Area Required for Country Dwelling:
The Minister may, on application by the responsible authority by notification in the Government Gazette, determine in respect of any land required for included in Zone No. I (a), I (b) or 5 (c) the minimum area of an allotment of land on which a dwelling-house may be erected but no area so dwelling determined shall be less than one acre except in the case of an existing allotment held in separate ownership on the appointed day.
(Note: The “appointed day” is the date that the Wollondilly Planning Scheme Ordinance was proclaimed which was the 28th of July 1971)
So, we do not need to step back in time any further. This Clause 32 means that building a dwelling on a block in Yerranderie (“existing allotment” as subdivided in 1908) was permissible (and did in fact happen) under the 1971 Planning Scheme Ordinance, which in turn means that it was permissible under the 1991 LEP, which in turn again means that it would also be permissible in the current 2011 LEP.
Here is a development approval from 1990 in Yerranderie which states that the minimum lot size is 40Ha but also says that “A dwelling house may be erected”. This is just one example of a number of approvals which resulted from Clause 32 of the Ordinance.
We therefore believe that Yerranderie blocks currently are eligible for a Dwelling Entitlement. Once again, we must stress that a Dwelling Entitlement only means that Council is able to consider your building application. IT DOES NOT provide any guaranteed right to carry out building works and there are many reasons why your application could still be refused even if you have a dwelling entitlement.
Where to next?
Dwelling entitlements are just the first of a number of hurdles to overcome for anyone wishing to build here. Bushfire attack level building requirements and effluent disposal are the significant ones.
Building for bushfire attack is well documented on the web. The CSIRO has an excellent web page which describes how to identify the Bushfire Attack Level (BAL) on your property. It is reasonable to assume that much of Yerranderie would be rated as Flame Zone (FZ). It is possible that some blocks next to the airfield would be a lower rating due to the distance from vegetation. Construction to the higher BAL ratings can be expensive but achievable.
The biggest issue will be effluent disposal which will require some very creative thinking. Here is the NSW Department of Health guidelines for dealing with wastewater on a single block. https://www.health.nsw.gov.au/environment/domesticwastewater/Pages/default.aspx
There is NSW Legislation on developments which are exempt from requiring Council approval….. garden sheds, cabanas, gazebos and other structures etc. Here is the relevant State Environmental Planning Policy Legislation
.