New South Wales Consolidated Regulations

BEGA VALLEY LOCAL ENVIRONMENTAL PLAN 2002 - REG 89

89 Granny flat development

(1) Consent may be granted to the erection of a granny flat or the conversion of part of an existing dwelling house into a granny flat within any zone (except Zone 1 (a), 3 (b), 4 (a), 5 (a), 6 (a), 6 (c), 7 (b), 7 (d), 7 (f1), 7 (f2), 9 (c) or 9 (d)), but only if:

(a) a lawfully approved dwelling house exists upon the land, and

(b) the land on which the granny flat is proposed to be erected has an area of not less than the minimum area required for the erection of a dwelling house, and

(c) the granny flat is ancillary to and associated with the principal dwelling, and

(d) a condition of the consent prohibits a subdivision to create a separate land title for the granny flat.

(2) Despite any other provision of this plan, consent must not be granted to the erection of a granny flat on land on which more than one dwelling already exists.