State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Housing Diversity) 2014 (2014-511) LW 11 August 2014 (NSW)
| New South Wales |
State Environmental Planning Policy
(Sydney Region Growth Centres)
Amendment (Housing Diversity) 2014
under the
Environmental Planning and Assessment Act 1979
Her Excellency the Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979.
PRU GOWARD, MP Minister for Planning
State Environmental Planning Policy (Sydney Region Growth
Centres) Amendment (Housing Diversity) 2014
under the
Environmental Planning and Assessment Act 1979
1 Name of Policy
This Policy is State Environmental Planning Policy (Sydney Region Growth Centres)
Amendment (Housing Diversity) 2014.
2 Commencement
This Policy commences on the day on which it is published on the NSW legislation website.
3 Maps
The maps adopted by State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Housing Diversity) 2014 are amended or replaced, as the case requires, by the maps approved by the Minister on the making of this Policy.
4 Repeal of Policy
|
| Schedule 1 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
[1] Appendix 1 Oran Park and Turner Road Precinct Plan
| Insert “Manor homes;” in alphabetical order in item 4 of the matter relating to Zone R1 General Residential in the Land Use Table. |
[2] Appendix 1, Land Use Table
| Omit “Dual occupancies; Dwelling houses;” from item 4 of the matter relating to Zone R3 Medium Density Residential. |
[3] Appendix 1, clause 4.1AA
Insert after clause 4.1:
| 4.1AA | Subdivision resulting in lots between 225–300m2 | |
|
| (a) | Zone R1 General Residential, |
| (b) | Zone R3 Medium Density Residential. |
| (2) | Development consent may be granted to the subdivision of land to which this clause applies resulting in the creation of a lot that has an area of less than300m2 (but not less than 225m2), if the consent authority is satisfied that the |
| lot will contain a sufficient building envelope to enable the erection of a dwelling house on the lot under clause 4.1AC, 4.1AD or 4.1AE. | |
| (3) | This clause does not apply to a subdivision that is the subject of a development application under clause 4.1AC (2) (b), 4.1AD (2) (b) or 4.1AE. |
[4] Appendix 1, clause 4.1A (1) and (1A)
Omit clause 4.1A (1). Insert instead:
| (1) | Development must not be carried out on a lot in Zone R1 General Residential or Zone R3 Medium Density Residential for any of the following purposes if the area of the lot is less than the area specified below in relation to those purposes: | |||||||||||||
|
| (1A) | Development must not be carried out on a lot in Zone B1 Neighbourhood Centre, Zone B2 Local Centre or Zone B4 Mixed Use for any of the following purposes if the area of the lot is less than the area specified below in relation to those purposes: | |||||||
|
[5] Appendix 1, clauses 4.1AB–4.1AH
Insert after clause 4.1A:
| 4.1AB | Minimum lot sizes for secondary dwellings in Zone R1 General Residential and Zone R3 Medium Density Residential | |
|
| (a) | Zone R1 General Residential, |
| (b) | Zone R3 Medium Density Residential. |
| (2) | The minimum lot size for a secondary dwelling on land in Zone R1 General Residential is 450m2. |
| (3) | The minimum lot size for a secondary dwelling on land in Zone R3 Medium Density Residential is the minimum lot size for the principal dwelling in conjunction with which the secondary dwelling is established, determined in accordance with clause 4.1A (1), 4.1AC or 4.1AE. |
| 4.1AC | Exceptions to minimum lot sizes for dwelling houses | |
|
| (a) | a lot in Zone R1 General Residential that has an area of less than 300m2 (but not less than 250m2), |
| (b) | a lot in Zone R3 Medium Density Residential that has an area of less than 300m2 (but not less than 225m2). |
| (2) | Despite clause 4.1A (1), development consent may be granted to the erection of a dwelling house on a lot to which this clause applies if: | |||
|
(i) the subdivision of land into 2 or more lots,
(ii) the erection of the dwelling house on one of the lots resulting from the subdivision.
| 4.1AD | Exceptions to minimum lot sizes for dwelling houses on other lots in Zone R1 General Residential | |||
|
| (a) | the lot results from a subdivision to which development consent has been granted in accordance with clause 4.1AA and, in determining the development application for the erection of the dwelling house, the consent authority considers any information that it considered for the purposes of that clause in determining the development application for that subdivision, or | |||
| (b) | the development application is a single development application for development consisting of both of the following: | |||
|
| (3) | A lot meets the requirements of this subclause if: | |||||
|
(i) adjoins land in Zone SP2 Infrastructure that is set aside for drainage or educational purposes, or
(ii) is separated from land in Zone SP2 Infrastructure that is set aside for drainage or educational purposes only by a public road.
| (4) | Despite subclause (2), development consent must not be granted to the erection of a dwelling house on a lot to which this clause applies unless the consent authority is satisfied that the dwelling house: | |||||
|
| 4.1AE | Exceptions to minimum lot sizes for dwelling houses on small lots | |||
|
| (a) | the subdivision of land into 2 or more lots, |
| (b) | the erection of the dwelling house on one of the lots resulting from the subdivision. |
| 4.1AF | Exceptions to minimum lot sizes for multi dwelling housing in Zone R1 General Residential | |||||
|
| (a) | the lot adjoins land that is set aside for open space or recreation purposes, or is separated from that land only by a public road, or | |||
| (b) | the lot adjoins land in Zone B1 Neighbourhood Centre, Zone B2 Local Centre or Zone B4 Mixed Use, or is separated from land in any of those zones only by a public road, or | |||
| (c) | the lot is within 400m of land in Zone B1 Neighbourhood Centre or Zone B2 Local Centre and: | |||
|
(4) Despite subclause (2), development consent must not be granted to development for the purpose of multi dwelling housing on a lot to which this clause applies unless the consent authority is satisfied that the multi dwelling housing:
| (a) | will not adversely impact on the amenity of adjoining residential properties, and |
| (b) | will be designed and orientated to provide active frontages to and surveillance of the public recreation or drainage land, and |
| (c) | will not adversely impact on or limit solar access to adjoining residential or public open space land. |
| 4.1AG | Exceptions to minimum lot sizes for multi dwelling housing in Zone R3 Medium Density Residential | |||
| ||||
| 4.1AH | Minimum lot sizes in split zones | |||
|
| (a) | in relation to land in Zone R1 General Residential, means the area of that part of the lot that is in Zone R1 General Residential, and |
| (b) | in relation to land in Zone R3 Medium Density Residential, means the area of that part of the lot that is in Zone R3 Medium Density Residential, and |
| (c) | does not include any part of the lot that is in any other zone. |
[6] Appendix 1, Schedule 1
| Omit “that is dwelling houses or” from clause 1 (2) of Schedule 1. Insert instead “for the purpose of”. |
[7] Appendix 2 North Kellyville Precinct Plan
Insert “Dual occupancies;” and “Studio dwellings;” in alphabetical order in item 3 of the matter relating to Zone R1 General Residential in the Land Use Table.
[8] Appendix 2, Land Use Table
| Insert “Studio dwellings;” in alphabetical order in item 3 of the matter relating to Zone R2 Low Density Residential. |
[9] Appendix 2, Land Use Table
Insert “Dual occupancies;”, “Dwelling houses;”, “Manor homes;”, “Residential flat buildings;”, “Secondary dwellings;”, “Semi-detached dwellings;” and “Studio dwellings;” in alphabetical order in item 3 of the matter relating to Zone R3 Medium Density Residential.
[10] Appendix 2, Land Use Table
Omit “Dual occupancies;”, “Dwelling houses;” and “Semi-detached dwellings;” from item 4 of the matter relating to Zone R3 Medium Density Residential.
[11] Appendix 2, clause 4.1AA
Insert after clause 4.1:
| 4.1AA | Subdivision resulting in lots between 225–300m2 | |
|
| (a) | Zone R1 General Residential, |
| (b) | Zone R3 Medium Density Residential. |
| (2) | Development consent may be granted to the subdivision of land to which this clause applies resulting in the creation of a lot that has an area of less than300m2 (but not less than 225m2) if the consent authority is satisfied that the lot |
| will contain a sufficient building envelope to enable the erection of a dwelling house on the lot under clause 4.1AD or 4.1AE. | |
| (3) | This clause does not apply to a subdivision that is the subject of a development application under clause 4.1AD (2) (b) or 4.1AE. |
[12] Appendix 2, clause 4.1A Minimum lot sizes for development in Zone B1 Neighbourhood Centre and Zone B2 Local Centre
| Omit “Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential,”. |
[13] Appendix 2, clauses 4.1AB–4.1AF
Insert after clause 4.1A:
| 4.1AB | Minimum lot sizes for residential development in certain residential zones | |
|
| (a) | to establish minimum lot sizes for residential development in Zone R1 General Residential, Zone R2 Low Density Residential and Zone R3 Medium Density Residential, |
| (b) | to ensure that residential development in the North Kellyville Precinct results in the efficient use of land and contributes to the supply of new housing in the North West Growth Centre, |
| (c) | to ensure that residential development has adequate usable areas for buildings and open space, |
| (d) | to ensure that residential development is compatible with the character of the North Kellyville Precinct and with surrounding residential areas, |
| (e) | to facilitate and encourage the provision of a range of residential lot types, in particular, small lot housing. |
| (2) | This clause applies to land in the following zones: | |||||
| ||||||
| (3) | The minimum lot size for a dwelling house is: | |||||
| ||||||
| (4) | The minimum lot size for a dual occupancy is: | |||||
| ||||||
| (5) | The minimum lot size for a semi-detached dwelling is: | |||||
| ||||||
| (6) | The minimum lot size for attached dwellings is: | |||||
| ||||||
| (7) | The minimum lot size for multi dwelling housing is 1,500m2 if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 12.5 or 20. | |||||
| (8) | The minimum lot size for a manor home is 600m2 if the dwelling density (per hectare) in relation to the land is 20. | |||||
| (9) | The minimum lot size for a residential flat building is: | |||||
|
| 4.1AC | Minimum lot sizes for secondary dwellings in certain residential zones | |
|
| (a) | Zone R1 General Residential, |
| (b) | Zone R2 Low Density Residential, |
| (c) | Zone R3 Medium Density Residential. |
| (2) | The minimum lot size for a secondary dwelling on land in Zone R1 General Residential or Zone R2 Low Density Residential is 450m2. |
| (3) | The minimum lot size for a secondary dwelling on land in Zone R3 Medium Density Residential is the minimum lot size for the principal dwelling in conjunction with which the secondary dwelling is established, determined in accordance with clause 4.1AB, 4.1AD or 4.1AE. |
| 4.1AD | Exceptions to minimum lot sizes for dwelling houses | |
|
| (a) | a lot in Zone R1 General Residential that has an area less than 300m2 (but not less than 240m2), |
| (b) | a lot in Zone R3 Medium Density Residential that has an area less than 300m2 (but not less than 225m2). |
| (2) | Despite clause 4.1AB (3), development consent may be granted to the erection of a dwelling house on a lot to which this clause applies if: | |||
|
(i) the subdivision of land into 2 or more lots,
(ii) the erection of the dwelling house on one of the lots resulting from the subdivision.
| 4.1AE | Exceptions to minimum lot sizes for dwelling houses on small lots | |||
|
| (a) | the subdivision of land into 2 or more lots, |
| (b) | the erection of the dwelling house on one of the lots resulting from the subdivision. |
| 4.1AF | Minimum lot sizes in split zones | |||
|
| (a) | in relation to land in Zone R1 General Residential, means that part of the lot that is in Zone R1 General Residential, and |
| (b) | in relation to land in Zone R2 Low Density Residential, means that part of the lot that is in Zone R2 Low Density Residential, and |
| (c) | in relation to land in Zone R3 Medium Density Residential, means that part of the lot that is in Zone R3 Medium Density Residential, and |
| (d) | does not include any part of the lot that is in any other zone. |
[14] Appendix 2, clause 4.1B
Omit clause 4.1B. Insert instead:
| 4.1B | Residential density | |
|
| (a) | to establish minimum density requirements for residential development within the North Kellyville Precinct, |
| (b) | to ensure that residential development makes efficient use of land and infrastructure and contributes to the availability of new housing, |
| (c) | to ensure that the scale of residential development is compatible with the character of the precinct and adjoining land. |
| (2) | This clause applies to residential development of the kind referred to in clause 4.1AB or 4.1AC that: | |||||
| ||||||
| (3) | The density of any residential development to which this clause applies is not to be less than the density shown on the Residential Density Map in relation to that land. | |||||
| (4) | In this clause: density means the net developable area in hectares of the land on which the development is situated divided by the number of dwellings proposed to be located on that land. net developable area means the land occupied by the development, including internal streets plus half the width of any adjoining access roads that provide vehicular access, but excluding land that is not zoned for residential purposes. |
[15] Appendix 4 Alex Avenue and Riverstone Precinct Plan 2010
| Insert “Studio dwellings;” in alphabetical order in item 3 of the matter relating to Zone R2 Low Density Residential in the Land Use Table. |
[16] Appendix 4, Land Use Table
Insert “Dual occupancies;”, “Dwelling houses;”, “Manor homes;”, “Secondary dwellings;”, “Semi-detached dwellings;” and “Studio dwellings;” in alphabetical order in item 3 of the matter relating to Zone R3 Medium Density Residential.
[17] Appendix 4, Land Use Table
Omit “Dual occupancies;”, “Dwelling houses;” and “Semi-detached dwellings;” from item 4 of the matter relating to Zone R3 Medium Density Residential.
[18] Appendix 4, clause 4.1A Minimum lot sizes for residential development in non-residential zones
Omit “allotment” wherever occurring in clause 4.1A (1) and (2). Insert instead “lot”.
[19] Appendix 4, clause 4.1A (2)
| Omit “for certain residential development”. Insert instead “for certain residential accommodation”. |
[20] Appendix 4, clause 4.1A (2) and (3)
Omit clause 4.1A (2)–(4). Insert instead:
| (2) | The minimum lot size for residential flat buildings is 2,000m2. |
| (3) | This clause does not apply to land in Zone R2 Low Density Residential or Zone R3 Medium Density Residential. |
[21] Appendix 4, clauses 4.1AB–4.1AH
Insert after clause 4.1A:
| 4.1AB | Minimum lot sizes for residential development in Zone R2 Low Density Residential and Zone R3 Medium Density Residential | |
|
| (a) | to establish minimum lot sizes for residential development in Zone R2 Low Density Residential and Zone R3 Medium Density Residential, |
| (b) | to ensure that residential development in the Alex Avenue and Riverstone Precincts results in the efficient use of land and contributes to the supply of new housing in the North West Growth Centre, |
| (c) | to ensure that residential development has adequate usable areas for buildings and open space, |
| (d) | to ensure that residential development is compatible with the character of the Alex Avenue and Riverstone Precincts and with surrounding residential areas, |
| (e) | to facilitate and encourage the provision of a range of residential lot types, in particular, small lot housing. |
| (2) | This clause applies to land in the following zones: | |||||||
| ||||||||
| (3) | The minimum lot size for a dwelling house is 300m2 if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 12.5, 15, 20, 25, 40 or 45. | |||||||
| (4) | The minimum lot size for a dual occupancy is: | |||||||
| ||||||||
| (5) | The minimum lot size for a semi-detached dwelling is: | |||||||
| ||||||||
| (6) | The minimum lot size for an attached dwelling is: | |||||||
| ||||||||
| (7) | The minimum lot size for multi dwelling housing is: | |||||||
| ||||||||
| (8) | The minimum lot size for a manor home is 600m2 if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 20, 25, 40 or 45. | |||||||
| (9) | The minimum lot size for a residential flat building is: | |||||||
|
| 4.1AC | Minimum lot sizes for secondary dwellings in Zone R2 Low Density Residential and Zone R3 Medium Density Residential | |
|
| (a) | Zone R2 Low Density Residential, |
| (b) | Zone R3 Medium Density Residential. |
| (2) | The minimum lot size for a secondary dwelling on land in Zone R2 Low Density Residential is 450m2. |
| (3) | The minimum lot size for a secondary dwelling on land in Zone R3 Medium Density Residential is the minimum lot size for the principal dwelling in conjunction with which the secondary dwelling is established as determined in accordance with clause 4.1AB, 4.1AE or 4.1AG. |
| 4.1AD | Subdivision resulting in lots between 225–300m2 | |
|
| (a) | Zone R2 Low Density Residential, |
| (b) | Zone R3 Medium Density Residential. |
| (2) | Development consent may be granted to the subdivision of land to which this clause applies resulting in the creation of a lot that has an area of less than300m2 (but not less than 225m2) if the consent authority is satisfied that the lot |
| will contain a sufficient building envelope to enable the erection of a dwelling house on the lot under clause 4.1AE or 4.1AF. | |
| (3) | This clause does not apply to a subdivision that is the subject of a development application referred to in 4.1AE (2) (b) or 4.1AF (2) (b). |
| 4.1AE | Exceptions to minimum lot sizes for dwelling houses | |
|
| (a) | a lot in Zone R2 Low Density Residential that has an area of less than 300m2 (but not less than 250m2) if the dwelling density (per hectare) shown on the Residential Density Map for the land is 15, |
| (b) | a lot in Zone R2 Low Density Residential that has an area of less than 300m2 (but not less than 225m2) if the dwelling density (per hectare) shown on the Residential Density Map for the land is 20, |
| (c) | a lot in Zone R3 Medium Density Residential that has an area of less than 300m2 (but not less than 225m2) if the dwelling density (per hectare) shown on the Residential Density Map for the land is not less than 25. |
| (2) | Despite clause 4.1AB, development consent may be granted to the erection of a dwelling house on a lot to which this clause applies if: | |||
|
(i) the subdivision of land into 2 or more lots,
(ii) the erection of the dwelling house on one of the lots resulting from the subdivision.
| 4.1AF | Exceptions to minimum lot sizes for dwelling houses on other lots in Zone R2 Low Density Residential | |||
|
| (a) | the lot results from a subdivision for which development consent has been granted in accordance with clause 4.1AD and, in determining the development application for the erection of the dwelling house, the consent authority considers any information that it considered for the purposes of that clause in determining the development application for that subdivision, or | |||
| (b) | the development application is a single development application for development consisting of both of the following: | |||
|
| (3) | A lot meets the requirements of this subclause if: | |||||
|
(i) adjoins land within Zone SP2 Infrastructure that is set aside for drainage or educational purposes, or
(ii) is separated from land within Zone SP2 Infrastructure that is set aside for drainage or educational purposes only by a public road.
| (4) | Despite subclause (2), development consent must not be granted to the erection of a dwelling house to which this clause applies unless the consent authority is satisfied that the dwelling house: | |||||
|
| 4.1AG | Exceptions to minimum lot sizes for dwelling houses on small lots | |
|
| (a) | a lot in Zone R2 Low Density Residential that has an area of less than 225m2 (but not less than 200m2) if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 20, or |
| (b) | a lot in Zone R3 Medium Density Residential that has an area of less than 225m2 (but not less than 125m2) if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 25, 40 or 45. |
| (2) | Despite clause 4.1AB (3), development consent may be granted to the erection of a dwelling house on a lot to which this clause applies if the development application is a single development application for development consisting of both of the following: | |||
|
| 4.1AH | Minimum lot sizes in split zones | |||
|
| (a) | in relation to land in Zone R2 Low Density Residential, means the area of that part of the lot that is in Zone R2 Low Density Residential, and |
| (b) | in relation to land in Zone R3 Medium Density Residential, means the area of that part of the lot that is in Zone R3 Medium Density Residential, and |
| (c) | does not include any part of the lot that is in any other zone. |
[22] Appendix 4, clause 4.1B Residential density
Omit “4.1A (2)” from clause 4.1B (2). Insert instead “4.1AB or 4.1AC”.
[23] Appendix 4, clause 6.2 Attached dwellings, manor homes and multi dwelling housing in Zone R2 Low Density Residential
Insert “, manor homes and multi dwelling housing” after “attached dwellings” in clause 6.2 (1) (a).
[24] Appendix 4, clause 6.2 (2)–(2B)
Omit clause 6.2 (2). Insert instead:
| (2) | Development for the purposes of attached dwellings or multi dwelling housing is permissible with development consent on land within Zone R2 Low Density Residential if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 15 and the land: | |||||
|
(i) adjoins land within Zone SP2 Infrastructure that is set aside for drainage or educational purposes, or
(ii) is separated from land within Zone SP2 Infrastructure that is set aside for drainage or educational purposes only by a public road.
| (2A) | Development for the purposes of attached dwellings or multi dwelling housing is permissible with development consent on land within Zone R2 Low Density Residential if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 20. |
(2B) Development for the purposes of manor homes is permissible with development consent on land within Zone R2 Low Density Residential if:
| (a) | the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 20, and |
| (b) | the land is located on the corner of 2 streets. |
[25] Appendix 4, clause 6.2 (3) (a) and (c)
Insert “, manor homes or multi dwelling housing” after “attached dwellings” wherever occurring.
[26] Appendix 4, clause 6.2 (3) (b)
Insert “or multi dwelling housing” after “attached dwelling” wherever occurring.
[27] Appendix 4, Schedule 1
Insert “a lot that has an area of at least 1,500m2, being” after “On” in clause 1 of Schedule 1.
[28] Appendix 5 Marsden Park Industrial Precinct Plan
| Insert “Studio dwellings;” in alphabetical order in item 3 of the matter relating to Zone R2 Low Density Residential in the Land Use Table. |
[29] Appendix 5, Land Use Table
Insert “Dwelling houses;”, “Manor homes;”, “Secondary dwellings;” and “Studio dwellings;” in alphabetical order in item 3 of the matter relating to Zone R3 Medium Density Residential.
[30] Appendix 5, Land Use Table
| Omit “Dwelling houses;” from item 4 of the matter relating to Zone R3 Medium Density Residential. |
[31] Appendix 5, clauses 4.1AA–4.1AG
Insert after clause 4.1:
| 4.1AA | Subdivision resulting in lots between 225–300m2 | |
|
| (a) | Zone R2 Low Density Residential, |
| (b) | Zone R3 Medium Density Residential. |
| (2) | Development consent may be granted to the subdivision of land to which this clause applies resulting in the creation of either of the following if the consent authority is satisfied that the lot will contain a sufficient building envelope to enable the erection of a dwelling house on the lot: | |||
| ||||
| (3) | This clause does not apply to a subdivision that is the subject of a development application under clause 4.1AD (2) (b), 4.1AE (2) (b) or 4.1AF. |
| 4.1AB | Minimum lot sizes for other development |
Development must not be carried out on a lot in Zone R2 Low Density Residential or Zone R3 Medium Density Residential for any of the following purposes if the area of the lot is less than the area specified below in relation to those purposes:
| (a) | dwelling house—300m2, |
| (b) | dual occupancy—500m2, |
| (c) | attached dwelling—1,500m2, |
| (d) | residential flat building—2,000m2, |
| (e) | semi-detached dwelling—300m2, |
| (f) | manor home—600m2, |
| (g) | multi dwelling housing—1,500m2. |
Note. In accordance with clause 6.2, attached dwellings and multi dwelling housing are permitted with development consent in limited circumstances on land in Zone R2 Low Density Residential.
| 4.1AC | Minimum lot sizes for secondary dwellings in Zone R2 Low Density Residential and Zone R3 Medium Density Residential | |
|
| (a) | Zone R2 Low Density Residential, |
| (b) | Zone R3 Medium Density Residential. |
| (2) | The minimum lot size for a secondary dwelling on land in Zone R2 Low Density Residential is 450m2. |
| (3) | The minimum lot size for a secondary dwelling on land in Zone R3 Medium Density Residential is the minimum lot size for the principal dwelling in conjunction with which the secondary dwelling is established, determined in accordance with clause 4.1AB, 4.1AD or 4.1AF. |
| 4.1AD | Exceptions to minimum lot sizes for dwelling houses | |
|
| (a) | a lot in Zone R2 Low Density Residential that has an area of less than 300m2 (but not less than 250m2), |
| (b) | a lot in Zone R3 Medium Density Residential that has an area of less than 300m2 (but not less than 225m2). |
| (2) | Despite clause 4.1AB (1), development consent may be granted to the erection of a dwelling house on a lot to which this clause applies if: | |||
|
(i) the subdivision of land into 2 or more lots,
(ii) the erection of the dwelling house on one of the lots resulting from the subdivision.
| 4.1AE | Exceptions to minimum lot sizes for dwelling houses on other lots in Zone R2 Low Density Residential | |||
|
| (a) | the lot results from a subdivision to which development consent has been granted in accordance with clause 4.1AA and, in determining the development application for the erection of the dwelling house, the consent authority considers any information that it considered for the purposes of that clause in determining the development application for that subdivision, or | |||
| (b) | the development application is a single development application for development consisting of both of the following: | |||
|
| (3) | A lot meets the requirements of this subclause if: | |||||
|
(i) adjoins land in Zone SP2 Infrastructure that is set aside for drainage or educational purposes, or
(ii) is separated from land in Zone SP2 Infrastructure that is set aside for drainage or educational purposes only by a public road.
| (4) | Despite subclause (2), development consent must not be granted to the erection of a dwelling house on a lot to which this clause applies unless the consent authority is satisfied that the dwelling house: | |||||
|
| 4.1AF | Exceptions to minimum lot sizes for dwelling houses on small lots | |||
|
| (a) | the subdivision of land into 2 or more lots, |
| (b) | the erection of the dwelling house on one of the lots resulting from the subdivision. |
| 4.1AG | Minimum lot sizes in split zones | |||
|
| (a) | in relation to land in Zone R2 Low Density Residential, means the area of that part of the lot that is in Zone R2 Low Density Residential, and |
| (b) | in relation to land in Zone R3 Medium Density Residential, means the area of that part of the lot that is in Zone R3 Medium Density Residential, and |
| (c) | does not include any part of the lot that is in any other zone. |
[32] Appendix 5, clause 6.2 Attached dwellings and multi dwelling housing in Zone R2 Low Density Residential
Insert “and multi dwelling housing” after “attached dwellings” in clause 6.2 (1) (a).
[33] Appendix 5, clause 6.2 (2)
Omit the subclause. Insert instead:
| (2) | Development for the purposes of attached dwellings or multi dwelling housing is permissible with development consent on land in Zone R2 Low Density Residential that: | |||||
|
(i) adjoins land in Zone SP2 Infrastructure that is set aside for drainage or educational purposes, or
(ii) is separated from land in Zone SP2 Infrastructure that is set aside for drainage or educational purposes only by a public road.
[34] Appendix 5, clause 6.2 (3)
Insert “or multi dwelling housing” after “attached dwellings” wherever occurring.
[35] Appendix 5, clause 6.2 (4)
Insert after subclause (3):
| (4) | This clause has effect despite anything to the contrary in the Land Use Table or any other provision of this Precinct Plan. |
[36] Appendix 6 Area 20 Precinct Plan
| Insert “Studio dwellings;” in alphabetical order in item 3 of the matter relating to Zone R2 Low Density Residential in the Land Use Table. |
[37] Appendix 6, Land Use Table
Insert “Dwelling houses;”, “Manor homes;”, “Secondary dwellings;” and “Studio dwellings;” in alphabetical order in item 3 of the matter relating to Zone R3 Medium Density Residential.
[38] Appendix 6, Land Use Table
| Omit “Dwelling houses;” from item 4 of the matter relating to Zone R3 Medium Density Residential. |
[39] Appendix 6, clause 4.1AA
Insert after clause 4.1:
| 4.1AA | Subdivision resulting in lots between 225–300m2 | |
|
| (a) | Zone R2 Low Density Residential, |
| (b) | Zone R3 Medium Density Residential. |
| (2) | Development consent may be granted to the subdivision of land to which this clause applies resulting in the creation of a lot that has an area of less than300m2 (but not less than 225m2), if the consent authority is satisfied that the |
| lot will contain a sufficient building envelope to enable the erection of a dwelling house on the lot. | |
| (3) | This clause does not apply to a subdivision that is the subject of a development application under clause 4.1AD (2) (b), 4.1AE (2) (b) or 4.1AF. |
[40] Appendix 6, clause 4.1A Minimum lot sizes for residential development in non-residential zones
Omit clause 4.1A (2)–(4). Insert instead:
| (2) | The minimum lot size for development for the purpose of residential flat buildings is 2,000m2. |
| (3) | This clause does not apply to land in Zone R2 Low Density Residential or Zone R3 Medium Density Residential. |
[41] Appendix 6, clauses 4.1AB–4.1AG
Insert after clause 4.1A:
| 4.1AB | Minimum lot sizes for residential development in Zone R2 Low Density Residential and Zone R3 Medium Density Residential | |
|
| (a) | to establish minimum lot sizes for residential development in Zone R2 Low Density Residential and Zone R3 Medium Density Residential, |
| (b) | to ensure that residential development in the Area 20 Precinct results in the efficient use of land and contributes to the supply of new housing in the North West Growth Centre, |
| (c) | to ensure that residential development has adequate usable areas for buildings and open space, |
| (d) | to ensure that residential development is compatible with the character of the Area 20 Precinct and with surrounding residential areas, |
| (e) | to facilitate and encourage the provision of a range of residential lot types, in particular, small lot housing. |
| (2) | This clause applies to land in the following zones: | |||||
| ||||||
| (3) | The minimum lot size for a dwelling house is 300m2 if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 15, 20, 25 or 45. | |||||
| (4) | The minimum lot size for a dual occupancy is: | |||||
| ||||||
| (5) | The minimum lot size for a semi-detached dwelling is: | |||||
| ||||||
| (6) | The minimum lot size for an attached dwelling is: | |||||
| ||||||
| (7) | The minimum lot size for multi dwelling housing is: | |||||
| ||||||
| (8) | The minimum lot size for a manor home is 600m2 if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 20, 25 or 45. | |||||
| (9) | The minimum lot size for a residential flat building is: | |||||
|
| 4.1AC | Minimum lot sizes for secondary dwellings in Zone R2 Low Density Residential and Zone R3 Medium Density Residential | |
|
| (a) | Zone R2 Low Density Residential, |
| (b) | Zone R3 Medium Density Residential. |
| (2) | The minimum lot size for a secondary dwelling on land in Zone R2 Low Density Residential is 450m2. |
| (3) | The minimum lot size for a secondary dwelling on land in Zone R3 Medium Density Residential is the minimum lot size for the principal dwelling in conjunction with which the secondary dwelling is established, determined in accordance with clause 4.1AB, 4.1AD or 4.1AF. |
| 4.1AD | Exceptions to minimum lot sizes for dwelling houses | |
|
| (a) | a lot in Zone R2 Low Density Residential that has an area less than 300m2 (but not less than 250m2) if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 15, |
| (b) | a lot in Zone R2 Low Density Residential that has an area less than 300m2 (but not less than 225m2) if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 20, |
| (c) | a lot in Zone R3 Medium Density Residential that has an area less than 300m2 (but not less than 225m2) if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is not less than 25. |
| (2) | Despite clause 4.1AB, development consent may be granted to the erection of a dwelling house on a lot to which this clause applies if: | |||
|
(i) the subdivision of land into 2 or more lots,
(ii) the erection of the dwelling house on one of the lots resulting from the subdivision.
| 4.1AE | Exceptions to minimum lot sizes for dwelling houses on other lots in Zone R2 Low Density Residential | |||
|
| (a) | the lot results from a subdivision to which development consent has been granted in accordance with clause 4.1AA and, in determining the development application for the erection of the dwelling house, the consent authority considers any information that it considered for the purposes of that clause in determining the development application for that subdivision, or | |||
| (b) | the development application is a single development application for development consisting of both of the following: | |||
|
| (3) | A lot meets the requirements of this subclause if: | |||||
|
(i) adjoins land in Zone SP2 Infrastructure that is set aside for drainage or educational purposes, or
(ii) is separated from land in Zone SP2 Infrastructure that is set aside for drainage or educational purposes only by a public road.
| (4) | Despite subclause (2), development consent must not be granted to the erection of a dwelling house to which this clause applies unless the consent authority is satisfied that the dwelling house: | |||||
|
| 4.1AF | Exceptions to minimum lot sizes for dwelling houses on small lots | |
|
| (a) | a lot in Zone R2 Low Density Residential that has an area of less than 225m2 (but not less than 200m2) if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 20, or |
| (b) | a lot in Zone R3 Medium Density Residential that has an area of less than 225m2 (but not less than 125m2) if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is not less than 25. |
| (2) | Despite clause 4.1AB, development consent may be granted to the erection of a dwelling house on a lot to which this clause applies if the development application is a single development application for development consisting of both of the following: | |||
|
| 4.1AG | Minimum lot sizes in split zones | |||
|
| (a) | in relation to land in Zone R2 Low Density Residential, means the area of that part of the lot that is in Zone R2 Low Density Residential, and |
| (b) | in relation to land in Zone R3 Medium Density Residential, means the area of that part of the lot that is in Zone R3 Medium Density Residential, and |
| (c) | does not include any part of the lot that is in any other zone. |
[42] Appendix 6, clause 4.1B Residential Density
Omit “4.1A (2)” from clause 4.1B (2). Insert instead “4.1AB (3) or 4.1AC (1)”.
[43] Appendix 6, clause 6.2 Attached dwellings, manor homes and multi dwelling housing in Zone R2 Low Density Residential
Insert “, manor homes and multi dwelling housing” after “attached dwellings” in clause 6.2 (1) (a).
[44] Appendix 6 Area 20 Precinct Plan, clause 6.2 (2)–(2B)
Omit clause 6.2 (2). Insert instead:
| (2) | Development for the purposes of attached dwellings or multi dwelling housing is permissible with development consent on land in Zone R2 Low Density Residential if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 15 and the land: | |||||
|
(i) adjoins land within Zone SP2 Infrastructure that is set aside for drainage or educational purposes, or
(ii) is separated from land within Zone SP2 Infrastructure that is set aside for drainage or educational purposes only by a public road.
| (2A) | Development for the purposes of attached dwellings or multi dwelling housing is permissible with development consent on land in Zone R2 Low Density Residential if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is not less than 20. |
(2B) Development for the purposes of manor homes is permissible with development consent on land in Zone R2 Low Density Residential if:
| (a) | the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 20, and |
| (b) | the land is located on the corner of 2 streets. |
[45] Appendix 6, clause 6.2 (3) (a) and (c)
Insert “, manor homes or multi dwelling housing” after “attached dwellings” wherever occurring.
[46] Appendix 6, clause 6.2 (3) (b)
Insert “or multi dwelling housing” after “attached dwellings”.
[47] Appendix 6, clause 6.2 (4)
Insert after subclause (3):
| (4) | This clause has effect despite anything to the contrary in the Land Use Table or any other provision of this Precinct Plan. |
[48] Appendix 7 Schofields Precinct Plan
| Insert “Studio dwellings;” in alphabetical order in item 3 of the matter relating to Zone R2 Low Density Residential in the Land Use Table. |
[49] Appendix 7, Land Use Table
Insert “Dual occupancies;” “Dwelling houses;”, “Manor homes;”, “Secondary dwellings;”, “Semi-detached dwellings;” and “Studio dwellings;” in alphabetical order in item 3 of the matter relating to Zone R3 Medium Density Residential.
[50] Appendix 7, Land Use Table
Omit “Dual occupancies;”, “Dwelling houses;” and “Semi-detached dwellings;” from item 4 of the matter relating to Zone R3 Medium Density Residential.
[51] Appendix 7, clause 4.1AA
Insert after clause 4.1:
| 4.1AA | Subdivision resulting in lots between 225–300m2 | |
|
| (a) | Zone R2 Low Density Residential, |
| (b) | Zone R3 Medium Density Residential. |
| (2) | Development consent may be granted to the subdivision of land to which this clause applies resulting in the creation of a lot that has an area of less than300m2 (but not less than 225m2), if the consent authority is satisfied that the |
| lot will contain a sufficient building envelope to enable the erection of a dwelling house on the lot. | |
| (3) | This clause does not apply to a subdivision that is the subject of a development application under clause 4.1AD (2) (b), 4.1AE (2) (b) or 4.1AF. |
[52] Appendix 7, clause 4.1A Minimum lot sizes for residential development in non-residential zones
Omit from the table to clause 4.1A (2) the matter relating to attached dwellings, semi-detached dwellings, multi dwelling housing and residential flat buildings.
[53] Appendix 7, clause 4.1A (3)
Omit clause 4.1A (3) and (4). Insert instead:
| (3) | This clause does not apply to the residential development of land in Zone R2 Low Density Residential or Zone R3 Medium Density Residential. |
[54] Appendix 7, clauses 4.1AB–4.1AG
Insert after clause 4.1A:
| 4.1AB | Minimum lot sizes for residential development in Zone R2 Low Density Residential and Zone R3 Medium Density Residential | |
|
| (a) | to establish minimum lot sizes for residential development in Zone R2 Low Density Residential and Zone R3 Medium Density Residential, |
| (b) | to ensure that residential development in the Schofields Precinct results in the efficient use of land and contributes to the supply of new housing in the North West Growth Centre, |
| (c) | to ensure that residential development has adequate usable areas for buildings and open space, |
| (d) | to ensure that residential development is compatible with the character of the Schofields Precinct and with surrounding residential areas, |
| (e) | to facilitate and encourage the provision of a range of residential lot types, in particular, small lot housing. |
| (2) | This clause applies to land in the following zones: | |||||||
| ||||||||
| (3) | The minimum lot size for a dwelling house is 300m2 if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 15, 25, 30 or 40. | |||||||
| (4) | The minimum lot size for a dual occupancy is: | |||||||
| ||||||||
| (5) | The minimum lot size for a semi-detached dwelling is: | |||||||
| ||||||||
| (6) | The minimum lot size for an attached dwelling is: | |||||||
| ||||||||
| (7) | The minimum lot size for multi dwelling housing is: | |||||||
| ||||||||
| (8) | The minimum lot size for a manor home is 600m2 if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 25, 30 or 40. | |||||||
| (9) | The minimum lot size for a residential flat building is 1,000m2 f the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 40. |
| 4.1AC | Minimum lot sizes for secondary dwellings in Zone R2 Low Density Residential and Zone R3 Medium Density Residential | |
|
| (a) | Zone R2 Low Density Residential, |
| (b) | Zone R3 Medium Density Residential. |
| (2) | The minimum lot size for a secondary dwelling on land in Zone R2 Low Density Residential is 450m2. |
| (3) | The minimum lot size for a secondary dwelling on land in Zone R3 Medium Density Residential is the minimum lot size for the principal dwelling in conjunction with which the secondary dwelling is established, determined in accordance with clause 4.1AB, 4.1AD or 4.1AF. |
| 4.1AD | Exceptions to minimum lot sizes for dwelling houses | |
|
| (a) | a lot in Zone R2 Low Density Residential that has an area less than 300m2 (but not less than 250m2) if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 15, |
| (b) | a lot in Zone R2 Low Density Residential that has an area less than 300m2 (but not less than 225m2) if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 25, |
| (c) | a lot in Zone R3 Medium Density Residential that has an area less than 300m2 (but not less than 225m2) if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is not less than 25. |
| (2) | Despite clause 4.1AB, development consent may be granted to the erection of a dwelling house on a lot to which this clause applies if: | |||
|
(i) the subdivision of land into 2 or more lots,
(ii) the erection of the dwelling house on one of the lots resulting from the subdivision.
| 4.1AE | Exceptions to minimum lot sizes for dwelling houses on other lots in Zone R2 Low Density Residential | |||
|
| (a) | the lot results from a subdivision to which development consent has been granted in accordance with clause 4.1AA and, in determining the development application for the erection of the dwelling house, the consent authority considers any information that it considered for the purposes of that clause in determining the development application for that subdivision, or | |||
| (b) | the development application is a single development application for development consisting of both of the following: | |||
|
| (3) | A lot meets the requirements of this subclause if: | |||||
|
(i) adjoins land in Zone SP2 Infrastructure that is set aside for drainage or educational purposes, or
(ii) is separated from land in Zone SP2 Infrastructure that is set aside for drainage or educational purposes only by a public road.
| (4) | Despite subclause (2), development consent must not be granted to the erection of a dwelling house to which this clause applies unless the consent authority is satisfied that the dwelling house: | |||||
|
| 4.1AF | Exceptions to minimum lot sizes for dwelling houses on small lots | |
|
Density Map in relation to the land is not less than 25.
| (2) | Despite clause 4.1AB (3), development consent may be granted to the erection of a dwelling house on a lot to which this clause applies if the development application is a single development application for development consisting of both of the following: | |||
|
| 4.1AG | Minimum lot sizes in split zones | |||
|
| (a) | in relation to land in Zone R2 Low Density Residential, means the area of that part of the lot that is in Zone R2 Low Density Residential, and |
| (b) | in relation to land in Zone R3 Medium Density Residential, means the area of that part of the lot that is in Zone R3 Medium Density Residential, and |
| (c) | does not include any part of the lot that is in any other zone. |
[55] Appendix 7, clause 4.1B Residential Density
Omit “4.1A (2)” from clauses 4.1B (2). Insert instead “4.1AB (3) or 4.1AC”.
[56] Appendix 7, clause 6.2 Attached dwellings, manor homes and multi dwelling housing in Zone R2 Low Density Residential
Insert “, manor homes and multi dwelling housing” after “attached dwellings” in clause 6.2 (1) (a).
[57] Appendix 7, clause 6.2 (2) and (2A)
Omit clause 6.2 (2). Insert instead:
| (2) | Development for the purposes of attached dwellings or multi dwelling housing is permissible with development consent on land in Zone R2 Low Density Residential if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 15 and the land that: | |||||
|
(i) adjoins land in Zone SP2 Infrastructure that is set aside for drainage or educational purposes, or
(ii) is separated from land in Zone SP2 Infrastructure that is set aside for drainage or educational purposes only by a public road.
| (2A) | Development for the purposes of attached dwellings, manor homes or multi dwelling housing is permissible with development consent on land in Zone R2 Low Density Residential if for which the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is not less than 25. |
[58] Appendix 7, clause 6.2 (3) (a) and (c)
Insert “, manor homes or multi dwelling housing” after “attached dwellings” wherever occurring.
[59] Appendix 7, clause 6.2 (3) (b)
Insert “or multi dwelling housing” after “attached dwellings”.
[60] Appendix 7, clause 6.2 (4)
Insert after subclause (3):
| (4) | This clause has effect despite anything to the contrary in the Land Use Table or any other provision of this Precinct Plan. |
[61] Appendix 8 Liverpool Growth Centres Precinct Plan
| Insert “Studio dwellings;” in alphabetical order in item 3 of the matter relating to Zone R2 Low Density Residential in the Land Use Table. |
[62] Appendix 8, Land Use Table
Omit “Attached dwellings;” and “Multi dwelling housing;” from item 3 of the matter relating to Zone R3 Medium Density Residential.
[63] Appendix 8, Land Use Table
Insert “Dual occupancies;”, “Dwelling houses;”, “Manor homes;”, “Residential flat buildings;”, “Secondary dwellings;”, “Semi-detached dwellings;” and “Studio dwellings;” in alphabetical order in item 3 of the matter relating to Zone R3 Medium Density Residential.
[64] Appendix 8, clause 4.1AA
Insert after clause 4.1:
| 4.1AA | Subdivision resulting in lots between 225–300m2 | |
|
| (a) | Zone R2 Low Density Residential, |
| (b) | Zone R3 Medium Density Residential. |
| (2) | Development consent maybe granted to the subdivision of land to which this clause applies resulting in the creation of a lot that has an area of less than300m2 (but not less than 225m2) if the consent authority is satisfied that the lot |
| will contain a sufficient building envelope to enable the erection of a dwelling house on the lot. | |
| (3) | This clause does not apply to a subdivision that is the subject of a development application under clause 4.1AD (2) (b), 4.1AE (2) (b) or 4.1AF. |
[65] Appendix 8, clause 4.1A Minimum lot sizes for residential development in non-residential zones
Omit “of land in the Austral Precinct or the Leppington North Precinct” from clause 4.1A (3).
[66] Appendix 8, clause 4.1A (3A)
Omit the subclause.
[67] Appendix 8, clause 4.1A (4)
Omit the subclause. Insert instead:
| (4) | This clause does not apply to land in Zone R2 Low Density Residential or Zone R3 Medium Density Residential. |
[68] Appendix 8, clauses 4.1AB–4.1AG
Insert after clause 4.1A:
| 4.1AB | Minimum lot sizes for residential development in Zone R2 Low Density Residential and Zone R3 Medium Density Residential | |
|
| (a) | to establish minimum lot sizes for residential development in Zone R2 Low Density Residential and Zone R3 Medium Density Residential, |
| (b) | to ensure that residential development in the Austral and Leppington North Precincts results in the efficient use of land and contributes to the supply of new housing in the South West Growth Centre, |
| (c) | to ensure that residential development has adequate usable areas for buildings and open space, |
| (d) | to ensure that residential development in the Austral and Leppington North Precincts is compatible with the character of the locality and with surrounding residential areas, |
| (e) | to facilitate and encourage the provision of a range of residential lot types, in particular, small lot housing. |
| (2) | This clause applies to land in the following zones: | |||||
| ||||||
| (3) | The minimum lot size for a dwelling house is: | |||||
| ||||||
| (4) | The minimum lot size for a dual occupancy is: | |||||
| ||||||
| (5) | The minimum lot size for a semi-detached dwelling is: | |||||
| ||||||
| (6) | The minimum lot size for an attached dwelling is: | |||||
| ||||||
| (7) | The minimum lot size for multi dwelling housing is: | |||||
| ||||||
| (8) | The minimum lot size for a manor home is 600m2 if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 20 or 25. | |||||
| (9) | The minimum lot size for a residential flat building is 2,000m2 if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 25. |
| 4.1AC | Minimum lot sizes for secondary dwellings in Zone R2 Low Density Residential and Zone R3 Medium Density Residential | |
|
| (a) | Zone R2 Low Density Residential, |
| (b) | Zone R3 Medium Density Residential. |
| (2) | The minimum lot size for a secondary dwelling on land in Zone R2 Low Density Residential is 450m2 if the dwelling density (per hectare) shown in the Residential Density Map for the land is 10, 15, or 20. |
| (3) | The minimum lot size for a secondary dwelling on land in Zone R2 Low Density Residential or Zone R3 Medium Density Residential is the minimum lot size for the principal dwelling in conjunction with which the secondary dwelling is established, determined in accordance with clause 4.1AB, 4.1AD or 4.1AF if the dwelling density (per hectare) shown in the Residential Density Map for the land is 25. |
| 4.1AD | Exceptions to minimum lot sizes for dwelling houses | |
|
| (a) | a lot in Zone R2 Low Density Residential that has an area less than 300m2 (but not less than 250m2) if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 15, |
| (b) | a lot in Zone R2 Low Density Residential that has an area less than 300m2 (but not less than 225m2) if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is not less than 20, |
| (c) | a lot in Zone R3 Medium Density Residential that has an area less than 300m2 (but not less than 225m2). |
| (2) | Despite clause 4.1AB (3), development consent may be granted to the erection of a dwelling house on a lot to which this clause applies if: | |||
|
(i) the subdivision of land into 2 or more lots,
(ii) the erection of the dwelling house on one of the lots resulting from the subdivision.
| 4.1AE | Exceptions to minimum lot sizes for dwelling houses on other lots in Zone R2 Low Density Residential | |||
|
(i) the subdivision of land into 2 or more lots,
(ii) the erection of the dwelling house on one of the lots resulting from the subdivision.
| 4.1AD | Exceptions to minimum lot sizes for dwelling houses on other lots in Zone R2 Low Density Residential | |||
|
| (a) | the lot results from a subdivision to which development consent has been granted in accordance with clause 4.1AA and, in determining the development application for the erection of the dwelling house, the consent authority considers any information that it considered for the purposes of that clause in determining the development application for that subdivision, or | |||
| (b) | the development application is a single development application for development consisting of both of the following: | |||
|
| (3) | A lot meets the requirements of this subclause if: | |||||
|
(i) adjoins land in Zone SP2 Infrastructure that is set aside for drainage or educational purposes, or
(ii) is separated from land in Zone SP2 Infrastructure that is set aside for drainage or educational purposes only by a public road.
| (4) | Despite subclause (2), development consent must not be granted to the erection of a dwelling house to which this clause applies unless the consent authority is satisfied that the dwelling house: | |||||
|
| 4.1AE | Exceptions to minimum lot sizes for dwelling houses on small lots | |||
|
| (a) | the subdivision of land into 2 or more lots, |
| (b) | the erection of the dwelling house on one of the lots resulting from the subdivision. |
| 4.1AF | Minimum lot sizes in split zones | |||
|
| (a) | in relation to land in Zone R2 Low Density Residential, means the area of that part of the lot that is in Zone R2 Low Density Residential, and |
| (b) | in relation to land in Zone R3 Medium Density Residential, means the area of that part of the lot that is in Zone R3 Medium Density Residential, and |
| (c) | in relation to land in Zone R4 High Density Residential, means the area of that part of the lot that is in Zone R4 High Density Residential, and |
| (d) | does not include any part of the lot that is in any other zone. |
[96] Appendix 11, clause 6.7
Insert after clause 6.6:
|
| (1) | The objectives of this clause are: | |||||
| ||||||
| (2) | Development for the purposes of attached dwellings or multi dwelling housing is permissible with development consent on land in Zone R2 Low Density Residential that: | |||||
|
(i) adjoins land in Zone SP2 Infrastructure that is set aside for drainage or educational purposes, or
(ii) is separated from land in Zone SP2 Infrastructure that is set aside for drainage or educational purposes only by a public road.
| (3) | Development consent must not be granted under this clause unless the consent authority is satisfied that: | |||||
| ||||||
| (4) | This clause has effect despite anything to the contrary in the Land Use Table or any other provision of this Precinct Plan. |
[97] Appendix 12 Blacktown Growth Centres Precinct Plan
| Insert “Studio dwellings;” in alphabetical order in item 3 of the matter relating to Zone R2 Low Density Residential in the Land Use Table. |
[98] Appendix 12, Land Use Table
| Omit “Attached dwellings;” from item 3 of the matter relating to Zone R2 Low Density Residential. |
[99] Appendix 12, Land Use Table
Insert “Manor homes;” and “Studio dwellings;” in alphabetical order in item 3 of the matter relating to Zone R3 Medium Density Residential.
[100] Appendix 12, clause 4.1AA
Insert after clause 4.1:
| 4.1AA | Subdivision resulting in lots between 225–300m2 | |
|
| (a) | Zone R2 Low Density Residential, |
| (b) | Zone R3 Medium Density Residential. |
| (2) | Development consent may be granted to the subdivision of land to which this clause applies resulting in the creation of a lot that has an area of less than300m2 (but not less than 225m2), if the consent authority is satisfied that the |
| lot will contain a sufficient building envelope to enable the erection of a dwelling house on the lot. | |
| (3) | This clause does not apply to a subdivision that is the subject of a development application under clause 4.1AD (2) (b), 4.1AE (2) (b) or 4.1AF. |
[101] Appendix 12, clause 4.1A Minimum lot sizes for residential development in non-residential zones
Omit clause 4.1A (3) and (4). Insert instead:
| (3) | The minimum lot size for development for the purposes of dual occupancies is 500m2. |
| (4) | This clause does not apply to the residential development of land in Zone R2 Low Density Residential or Zone R3 Medium Density Residential. |
[102] Appendix 12, clauses 4.1AB–4.1AG
Insert after clause 4.1A:
| 4.1AB | Minimum lot sizes for residential development in Zone R2 Low Density Residential and Zone R3 Medium Density Residential | |
|
| (a) | to establish minimum lot sizes for residential development in Zone R2 Low Density Residential and Zone R3 Medium Density Residential, |
| (b) | to ensure that residential development in the Marsden Park Precinct results in the efficient use of land and contributes to the supply of new housing in the North West Growth Centre, |
| (c) | to ensure that residential development has adequate usable areas for buildings and open space, |
| (d) | to ensure that residential development in the Marsden Park Precinct is compatible with the character of the locality and with surrounding residential areas, |
| (e) | to facilitate and encourage the provision of a range of residential lot types, in particular, small lot housing. |
| (2) | This clause applies to land in the following zones: | |||||||
| ||||||||
| (3) | The minimum lot size for a dwelling house is: | |||||||
| ||||||||
| (4) | The minimum lot size for a dual occupancy is: | |||||||
| ||||||||
| (5) | The minimum lot size for a semi-detached dwelling is: | |||||||
| ||||||||
| (6) | The minimum lot size for an attached dwelling is: | |||||||
| ||||||||
| (7) | The minimum lot size for multi dwelling housing is: | |||||||
| ||||||||
| (8) | The minimum lot size for a manor home is 600m2 if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 25 or 35. | |||||||
| (9) | The minimum lot size for a residential flat building is: | |||||||
|
| 4.1AC | Minimum lot sizes for secondary dwellings in Zone R2 Low Density Residential and Zone R3 Medium Density Residential | |
|
| (a) | Zone R2 Low Density Residential, |
| (b) | Zone R3 Medium Density Residential. |
| (2) | The minimum lot size for a secondary dwelling on land in Zone R2 Low Density Residential is 450m2. | |||||
| (3) | The minimum lot size for a secondary dwelling on land in Zone R3 Medium Density Residential is the minimum lot size for the principal dwelling in conjunction with which the secondary dwelling is established, determined in accordance with clause 4.1AB. | |||||
| (4) | For the purposes of this clause, a reference to the lot size: | |||||
|
| 4.1AD | Exceptions to minimum lot sizes for dwelling houses | |
|
| (a) | a lot in Zone R2 Low Density Residential that has an area of less than 300m2 (but not less than 250m2), |
| (b) | a lot in Zone R3 Medium Density Residential that has an area of less than 300m2 (but not less than 225m2). |
| (2) | Despite clause 4.1AB, development consent may be granted to the erection of a dwelling house on a lot to which this clause applies if: | |||
|
(i) the subdivision of land into 2 or more lots,
(ii) the erection of the dwelling house on one of the lots resulting from the subdivision.
| 4.1AE | Exceptions to minimum lot sizes for dwelling houses on other lots in Zone R2 Low Density Residential | |||
|
| (a) | the lot results from a subdivision to which development consent has been granted in accordance with clause 4.1AA and, in determining the development application for the erection of the dwelling house, the consent authority considers any information that it considered for the purposes of that clause in determining the development application for that subdivision, or | |||
| (b) | the development application is a single development application for development consisting of both of the following: | |||
|
| (3) | A lot meets the requirements of this subclause if: | |||||
|
(i) adjoins land in Zone SP2 Infrastructure that is set aside for drainage or educational purposes, or
(ii) is separated from land in Zone SP2 Infrastructure that is set aside for drainage or educational purposes only by a public road.
| (4) | Despite subclause (2), development consent must not be granted to the erection of a dwelling house to which this clause applies unless the consent authority is satisfied that the dwelling house: | |||||
|
| 4.1AF | Exceptions to minimum lot sizes for dwelling houses on small lots | |||
|
| (a) | the subdivision of land into 2 or more lots, |
| (b) | the erection of the dwelling house on one of the lots resulting from the subdivision. |
| 4.1AG | Minimum lot sizes in split zones | |||
|
| (a) | in relation to land in Zone R2 Low Density Residential, means the area of that part of the lot that is in Zone R2 Low Density Residential, and |
| (b) | in relation to land in Zone R3 Medium Density Residential, means the area of that part of the lot that is in Zone R3 Medium Density Residential, and |
| (c) | does not include any part of the lot that is in any other zone. |
[103] Appendix 12, clause 4.1B
Omit “4.1A (3)” from clause 4.1B (2). Insert instead “4.1AB (3) or 4.1AC”.
[104] Appendix 12, clause 6.11
Insert after clause 6.10:
|
| (1) | The objectives of this clause are: | |||||
| ||||||
| (2) | Development for the purposes of attached dwellings or multi dwelling housing is permissible with development consent on land in Zone R2 Low Density Residential if the dwelling density (per hectare) shown on the Residential Density Map in relation to the land is 15 and the land: | |||||
|
(i) adjoins land in Zone SP2 Infrastructure that is set aside for drainage or educational purposes, or
(ii) is separated from land in Zone SP2 Infrastructure that is set aside for drainage or educational purposes only by a public road.
| (3) | Development must not be granted under this clause unless the consent authority is satisfied that: | |||||
| ||||||
| (4) | This clause has effect despite anything to the contrary in the Land Use Table or any other provision of this Precinct Plan. |
[105] Schedule 1
Insert after Appendix 12:
|
1 Application of amendments made by State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Housing Diversity) 2014
An amendment made to this Policy by the State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Housing Diversity) 2014 does not apply to development for which an application for development consent was lodged before the commencement of the amendment.
[106] Dictionary
Insert in alphabetical order:
dual occupancy (attached) means 2 dwellings on one lot of land that are
attached to each other, but does not include a secondary dwelling.
Note. Dual occupancies (attached) are a type of dual occupancy—see the definition of that term in this Dictionary.
dual occupancy (detached) means 2 detached dwellings on one lot of land, but
does not include a secondary dwelling.
Note. Dual occupancies (detached) are a type of dual occupancy—see the definition of that term in this Dictionary.
manor home means a 2-storey building containing 4 dwellings, where:
| (a) | each storey contains 2 dwellings, and |
| (b) | each dwelling is on its own lot (being a lot within a strata scheme or community title scheme), and |
| (c) | access to each dwelling is provided through a common or individual entry at ground level, |
but does not include a residential flat building or multi dwelling housing.
Note. Manor homes are a type of residential accommodation—see the definition of that term in this Dictionary.
studio dwelling means a dwelling that:
| (a) | is established in conjunction with another dwelling (the principal dwelling), and |
| (b) | is on its own lot of land, and |
| (c) | is erected above a garage that is on the same lot of land as the principal dwelling, whether the garage is attached to, or is separate from, the principal dwelling, |
but does not include a semi-detached dwelling.
Note. Studio dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
[107] Dictionary
Omit the definitions of attached dwelling, dual occupancy, multi dwelling housing, residential accommodation, residential flat building, secondary dwelling and semi-detached dwelling.
Insert instead in alphabetical order:
attached dwelling means a building containing 3 or more dwellings, where:
| (a) | each dwelling is attached to another dwelling by a common wall, and |
| (b) | each of the dwellings is on its own lot of land, and |
| (c) | none of the dwellings is located above any part of another dwelling. |
Note. Attached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
dual occupancy means a dual occupancy (attached) or a dual occupancy
(detached).
Note. Dual occupancies are a type of residential accommodation—see the definition of that term in this Dictionary.
multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building or a manor home.
Note. Multi dwelling housing is a type of residential accommodation—see the definition of that term in this Dictionary.
residential accommodation means a building or place used predominantly as
a place of residence, and includes any of the following:
| (a) | attached dwellings, |
| (b) | boarding houses, |
| (c) | dual occupancies, |
| (d) | dwelling houses, |
| (e) | group homes, |
| (f) | hostels, |
| (g) | manor homes, |
| (h) | multi dwelling housing, |
(i) residential flat buildings,
| (j) | rural workers’ dwellings, |
| (k) | secondary dwellings, |
| (l) | semi-detached dwellings, |
| (m) | seniors housing, |
| (n) | shop top housing, |
| (o) | studio dwellings, |
but does not include tourist and visitor accommodation or caravan parks.
residential flat building means a building containing 3 or more dwellings, but
does not include an attached dwelling, a manor home or multi dwelling
housing.
Note. Residential flat buildings are a type of residential accommodation—see the definition of that term in this Dictionary.
secondary dwelling means a self-contained dwelling that:
| (a) | is established in conjunction with another dwelling (the principal dwelling), and |
| (b) | is on the same lot of land as the principal dwelling, and |
| (c) | is located within, or is attached to, or is separate from, the principal dwelling. |
Note. For controls relating to the total floor area, see the following:
| (a) | clause 5.4 of Appendix 2 in respect of North Kellyville Precinct, |
| (b) | clause 5.4 of Appendix 3 in respect of Riverstone West Precinct, |
| (c) | clause 5.4 of Appendix 4 in respect of Alex Avenue and Riverstone Precincts, |
| (d) | clause 5.4 of Appendix 5 in respect of Marsden Park Industrial Precinct, |
| (e) | clause 5.4 of Appendix 6 in respect of Area 20 Precinct, |
| (f) | clause 5.4 of Appendix 7 in respect of Schofields Precinct, |
| (g) | clause 5.4 of Appendix 8 in respect of land to which the Liverpool Growth Centres Precinct Plan applies, |
| (h) | clause 5.4 of Appendix 9 in respect of land to which the Camden Growth Centres Precinct Plan applies, |
(i) clause 5.4 of Appendix 10 in respect of land to which the Campbelltown Growth Centres Precinct Plan applies,
| (j) | clause 5.4 of Appendix 11 in respect of the Box Hill and Box Hill Industrial Precincts, |
| (k) | clause 5.4 of Appendix 12 in respect of land to which Blacktown Growth Centres Precinct Plan applies. |
Secondary dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
semi-detached dwelling means a dwelling that is on its own lot of land and is
attached to only one other dwelling, but does not include a studio dwelling.
Note. Semi-detached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
0
0
0