Bayside Local Environmental Plan 2021

The objectives of this clause are as follows—

to ensure that subdivision is consistent with the predominant subdivision pattern of the area,

to minimise any likely impact of subdivision, and development on subdivided land, on the amenity of neighbouring properties,

to ensure that lot sizes and dimensions are able to accommodate development consistent with relevant development controls.

This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.

The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

If a lot is a battle-axe lot or other lot with an access handle, the area of the access handle is not to be included in calculating the lot size for the purposes of subclause (3).

Despite subclause (3), development consent may be granted to the subdivision of a lot on which there is an existing dual occupancy, or on which a dual occupancy is proposed, if—

the area of each lot resulting from the subdivision is equal to or greater than 350 square metres, and

each of the lots will have one of the dwellings on it.

This clause does not apply in relation to the subdivision of any land—

by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or

by any kind of subdivision under the Community Land Development Act 2021.

This clause does not apply to the subdivision of land in Zone R2 Low Density Residential or Zone R3 Medium Density Residential if the consent authority is satisfied the resulting lots will be used for the following purposes—

for land in Zone R2 Low Density Residential—attached dwellings or semi-detached dwellings,

for land in Zone R3 Medium Density Residential—attached dwellings or multi dwelling housing.