Minimum subdivision lot size for community title schemes
4.1AA Minimum subdivision lot size for community title schemes
The objectives of this clause are as follows—
to ensure that newly created lots have an adequate area to accommodate the type of development to be carried out on the lots,
to ensure that the area and width of lots are sufficient for their intended purposes,
to ensure that a sufficient area of land is available, in connection with development, for landscaping, open space, drainage and parking so as to achieve a satisfactory amenity,
to ensure that lot sizes and dimensions allow development to be sited to protect natural or cultural features, including heritage items, remnant vegetation, habitat and waterways,
to ensure that subdivision of low density residential and environmental living sites reflects and reinforces the predominant subdivision pattern of the area.
This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 2021 of land in any of the following zones—
Zone R2 Low Density Residential,
Zone R3 Medium Density Residential,
Zone R4 High Density Residential,
Zone C3 Environmental Management,
Zone C4 Environmental Living,
but does not apply to a subdivision by the registration of a strata plan.
The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 2021) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
Development consent must not be granted for the subdivision of land that would result in an internal lot for which the minimum lot size shown on the Lot Size Map in relation to that land is specified in Column 1 of the table to this subclause, unless the size of the internal lot is not less than the size specified opposite in Column 2 of that table.
Column 1
Column 2
550 square metres
700 square metres
700 square metres
850 square metres
850 square metres
1,000 square metres
If a lot is an internal lot or other lot with an access handle, the area of the access handle is not to be included in calculating the lot size.
This clause applies despite clause 4.1.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.