New South Wales Consolidated Regulations

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 - REG 11A

11A Dual occupancies

(1) Notwithstanding any other provisions of this plan, the objectives of this clause are to:

(a) prohibit the creation of a second detached dwelling within the backyard of an existing property, except in respect of corner allotments or sites which have rear lane or dual street access, and

(b) encourage the development of a second dwelling in the form of:

(i) first floor additions to an existing detached dwelling, or

(ii) new attached dwellings, and

(c) allow minor extensions to an existing detached dwelling to provide additional floor space required to create a second dwelling, and

(d) provide a minimum allotment size and width required for the development of dual occupancies so that:

(i) the pattern of subdivision in residential areas is retained as reflected in lot size, orientation and shape, and

(ii) allotments have a minimum size so as to provide landscaped areas that are suitable for tree planting, and

(iii) the scale and density of development is compatible with the existing streetscape.

(2) Unless otherwise provided for in this plan, this clause applies to all land within the local government area of the City of Hurstville.

(2A) The minimum allotment size for the creation of a dual occupancy on land within Zone No 2 is 630 m 2 and the allotment must have a width of at least 15 metres.

(2B) Any development application relating to the creation of a dual occupancy on land within Zone No 2 that was lodged, but not finally determined, before the commencement of Hurstville Local Environmental Plan 1994 (Amendment No 50) is to be determined as if that plan had not been made.

(3) The council must not consent to the erection of a second detached dwelling in the backyard of a dwelling house except in respect of corner allotments or sites which have rear lane or dual street access.

(4) The council may consent to the creation of a second attached dwelling at the rear of an existing dwelling house if:

(a) any additional floor space to be created does not constitute more than 20% of the total site area, and

(b) the length of any building extension does not exceed 25% of the shortest perpendicular distance measured from the rear alignment of the existing dwelling to the rear boundary of the allotment, and

(c) such an addition is of single storey construction.

(5) For the purposes of this clause, an "attached dwelling" means a dwelling attached to another dwelling by a common wall, where the dwellings maintain the appearance of a single integrated building. Dwellings are not attached dwellings for the purposes of this clause where they are connected by breezeways, carports or the like.