New South Wales Consolidated Regulations

LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2014 - REG 4.1A

4.1A Exceptions to minimum subdivision lot size for certain residential development

(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 is both of the following--

(a) the erection of a dual occupancy,

(b) the subdivision of the land into 2 lots if the size of each lot resulting from the subdivision is at least 250 square metres.

(3) Despite clauses 4.1 and 4.1AA, development consent may be granted to development on land in Zone R2 Low Density Residential or Zone R3 Medium Density Residential that is both of the following--

(a) the subdivision of land into 3 or more lots that each have frontage to a road,

(b) the erection of--

(i) a dwelling house or semi-detached dwelling on land in Zone R2 Low Density Residential if the size of each lot resulting from the subdivision is at least 300 square metres but no more than 450 square metres, or

(ii) a dwelling house or an attached dwelling on land in Zone R3 Medium Density Residential if the size of each lot resulting from the subdivision is at least 200 square metres but no more than 450 square metres.

(4) Despite subclause (3), development consent may be granted for development under subclause (3) (a), but only if the consent authority is satisfied that--

(a) an attached dwelling, dwelling house or semi-detached dwelling could be appropriately located on each lot, or

(b) the subdivision would be consistent with a development control plan prepared specifically for the site.