New South Wales Consolidated Regulations New South Wales Consolidated Regulations(1) This clause applies to land in Zone 1--Environmental Housing (Environmentally Sensitive Land), Zone 2--Environmental Housing (Scenic Quality), Zone 3--Environmental Housing (Bushland), Zone 4--Local Housing or Zone 5--Multiple Dwelling A.
(2) Despite any other provision of this plan, the following are prohibited on land to which this clause applies--(a) the subdivision of land for the purpose of a dual occupancy, whether attached or detached, if the lot on which the dual occupancy is proposed is an internal lot,(b) the subdivision of land to create a separate lot for each dwelling that currently comprises a dual occupancy, if any of the resulting lots would be an internal lot,(c) the erection of a dual occupancy, or the erection of a second dwelling, whether attached or detached, to create a dual occupancy on an internal lot, other than if one of the dwellings comprising the dual occupancy has a gross floor area not exceeding 65 square metres.
(3) Despite any other provision of this plan, the subdivision of land to create a separate lot for each dwelling that currently comprises a dual occupancy is prohibited if the land is in Zone 1--Environmental Housing (Environmentally Sensitive Land) or Zone 2--(Environmental Housing (Scenic Quality).
(4) The minimum area and minimum width of a lot of land in Zone 3--Environmental Housing (Bushland), Zone 4--Local Housing or Zone 5--Multiple Dwelling A is 800 square metres and 18 metres, respectively, if--(a) there is a dual occupancy on the lot, and(b) it is proposed to subdivide the lot to create a separate lot for each dwelling that currently comprises the dual occupancy.
(5) Subclause (4) does not apply to a subdivision to create a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 .
(6) Despite any other provision of this plan, the subdivision of land to create a separate lot for each dwelling that currently comprises a dual occupancy is prohibited if one of the dwellings has a gross floor area that does not exceed 65 square metres.
(7) Despite any other provision of this plan, if proposed development on a lot is for dual occupancy in a zone shown in Column 1 of the following Table and both the dwellings comprising the dual occupancy will each have a gross floor area greater than 65 square metres, development consent must not be granted to the development unless the lot is equal to or greater than the minimum area specified in Column 2 of that Table for that zone.Table
Column 1 Column 2 Zone Minimum area (square metres) Zone 1--Environmental Housing (Environmentally Sensitive Land) 850 Zone 2--Environmental Housing (Scenic Quality) 700 Zone 3--Environmental Housing (Bushland) 600 Zone 4--Local Housing 600 Zone 5--Multiple Dwelling A 600
Note--: The term
"dual occupancy" is defined in the Dictionary to mean 2 dwellings (whether attached or detached) on 1 lot of land. If that lot is subdivided, the dwellings cease to be a dual occupancy.