4.1A

Exceptions to minimum subdivision lot size for certain residential development

Current

(1)

The objective of this clause is to encourage housing diversity without adversely impacting on residential amenity.

(2)

Despite clause 4.1, development consent may be granted to development on land in Zone R1 General Residential or Zone R2 Low Density Residential that includes the subdivision of land into 2 lots if—

(a)

the size of each resulting lot is at least 250m², and

(b)

the consent authority is satisfied a dwelling house or semi-detached dwelling could be appropriately located on each lot.

(3)

Despite clauses 4.1 and 4.1AA, development consent may be granted to development on land in Zone R2 Low Density Residential that includes the subdivision of land into 3 or more lots if—

(a)

the size of each resulting lot is at least 250m², and

(b)

each resulting lot has frontage to a road and is not a battle-axe lot, and

(c)

the consent authority is satisfied one of the following could be appropriately located on each lot—

(i)

an attached dwelling,

(ii)

a dwelling house,

(iii)

a semi-detached dwelling.

(3A)

Subclause (3)(c) does not apply if the consent authority is satisfied the subdivision is consistent with a development control plan prepared for the site.

(4)

Despite clauses 4.1 and 4.1AA, development consent may be granted to development on land in Zone R3 Medium Density Residential that includes the subdivision of land into 3 or more lots if—

(a)

each lot has frontage to a road and is not more than 450m², and

(b)

the consent authority is satisfied—

(i)

for each lot that is at least 200m²—a dwelling house or attached dwelling could be appropriately located on the lot, and

(ii)

for each lot that is less than 200m²—a dwelling house or attached dwelling will be erected on the lot.

(4A)

Subclause (4)(b) does not apply if the consent authority is satisfied the subdivision is consistent with a development control plan prepared for the site.

(4B)

Despite clause 4.1, development consent may be granted to development on land in Zone R3 Medium Density Residential that includes the subdivision of land into 2 lots if the consent authority is satisfied—

(a)

one of the following could be appropriately located on each lot that is at least 200m²—

(i)

an attached dwelling,

(ii)

a dwelling house,

(iii)

a semi-detached dwelling, and

(b)

one of the following will be erected on each lot that is less than 200m²—

(i)

an attached dwelling,

(ii)

a dwelling house,

(iii)

a semi-detached dwelling.

(5)

This clause does not apply to land in Zone R2 Low Density Residential in—

(a)

Catherine Hill Bay Village Precinct, and

(b)

Middle Camp Village Precinct.

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