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Dwelling Entitlement Search Certificate

A dwelling entitlement is the right to apply to Council (via a Development Application) to build a house on a portion of land, usually on a farm or the like.

What is a Dwelling Entitlement? 

 A dwelling entitlement is the right to apply to Council (via a Development Application) to build a house on a portion of land, usually on a farm or the like. A dwelling entitlement does not guarantee that you will gain approval from Council to erect a dwelling. 

Doesn’t every farm have the right to build a house? 

No. A dwelling may only be granted on an allotment if the allotment meets theminimum size requirement under the provisions of the Blayney Shire Council Local Environmental Plan (BLEP) 1998. 

What is the minimum size requirements under the BLEP 1998? 

The minimum size requirement for vacant land zoned 1(a), 7(a) or 7(c) is 100 hectares, as defined by Clause 17 of the Blayney Shire Council Local Environmental Plan (BLEP) 1998.  

If I don’t meet the minimum size requirements, is there another way to have a dwelling entitlement? Yes, a dwelling may be erected on if the land comprises:  

• an ‘existing holding’. An ‘existing holding’ is defined as:

a)      except as provided by paragraph (b) – the area of a lot, portion or parcel of land as it was as at 12 January 1973; or

b)      where, as at 12 January 1973, a person owned 2 or more adjoining lots, portions or parcels of land, the combined area of those lots, portions or parcels as they were as at 12 January 1973.

• An allotment created under this plan otherwise than for the purpose of agriculture; or
• An allotment of land created in accordance with a consent that was granted before the appointed day, and has not lapsed, being an allotment on which a dwelling could have been erected immediately before the appointed day; or
• An allotment created under the provisions of clause 12(3) or 13 of the Blayney Shire Council LEP1998.

How do I know if my allotment forms part of an existing holding?

You will need to fill out a form for Council to research if your allotment forms part of an existing holding and whether you will be granted a dwelling entitlement or not. Application forms are available from the link below or at Council’s office at 91 Adelaide Street, Blayney. A fee is payable on submission of the application to Council.  

I already have one house on my farm, may I build another one? 

It depends. You will have to comply with the provisions of the Blayney LocalEnvironmental Plan 1998, in particular Clause 19. You should speak to one of Council’s Town Planners if you wish to build an additional dwelling on your farm.

Contact details
Health and Building Department
02 63689618 (ph)
02 63683290 (fax)
council@blayney.nsw.gov.au

© 2008 Blayney Shire Council
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