New South Wales Consolidated Regulations

KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 22A

22A Development in Residential 2 (a) Zone

Objective of provision To provide opportunities for a compatible mix of dwelling types in localities within the Residential 2 (a) Zone.

Provision overrides remainder of plan

(1) This clause has effect despite the other provisions of this plan.

Sites adjoining certain zones

(2) Development for the purpose of villas or townhouses (or both) may be carried out, with the Council’s consent, on a site with an area no greater than 5 000 square metres consisting of an allotment (or a group of adjoining allotments) of land within the Residential 2 (a) Zone, if:

(a) at least one allotment adjoining the site is within the Residential 2 (b) Zone, and

(b) all allotments adjoining the site that are not within the Residential 2 (b) Zone are within the Business 3 (a), Business 3 (b), Industrial 4 (a), Special Uses 5 (a), Special Uses 5 (b), Open Space 6 (a), Open Space 6 (b) or Open Space 6 (c) Zone.

(3) If the Council has adopted any development control plan that applies to development for the purpose of villas or townhouses, the Council is not to grant a consent referred to in subclause (2) unless the Council is satisfied that the carrying out of the proposed development will comply with the requirements of the development control plan.

Sites adjoining villas, townhouses or detached dual occupancies

(4) Development for the purpose of villas or townhouses (or both) may also be carried out, with the Council’s consent, on a site with an area no greater than 5 000 square metres consisting of an allotment (or a group of adjoining allotments) of land within the Residential 2 (a) Zone, if:

(a) development for the purpose of villas, townhouses or detached dual occupancies (or any combination of them) has been carried out on at least one allotment within the Residential 2 (a) Zone adjoining the site, and

(b) all allotments adjoining the site that have not been developed for that purpose are within the Residential 2 (b), Business 3 (a), Business 3 (b), Industrial 4 (a), Special Uses 5 (a), Special Uses 5 (b), Open Space 6 (a), Open Space 6 (b) or Open Space 6 (c) Zone.

(5) The Council is not to grant a consent referred to in subclause (4):

(a) if the carrying out of the proposed development would, in the opinion of the Council, leave any allotment adjoining the site with unreasonably restricted potential for development, or

(b) if the Council has adopted any development control plans that apply to development for the purpose of villas or townhouses-unless the Council is satisfied that the carrying out of the proposed development will comply with the requirements of any applicable development control plan.

Sites identified for villas in a development control plan

(6) Development for the purpose of villas may also be carried out, with the Council’s consent, on a site consisting of an allotment (or a group of adjoining allotments) of land within the Residential 2 (a) Zone, but only if:

(a) the site is identified on a map attached to a development control plan prepared for the purposes of this subclause, and

(b) the Council is satisfied that the site will be at least 20 metres wide at the setback of the front of the villa that will be closest to the street.

(7) The Council is not to grant a consent referred to in subclause (6):

(a) if the carrying out of the proposed development would, in the opinion of the Council, leave any allotment adjoining the site with unreasonably restricted potential for development, or

(b) unless the Council is satisfied that the carrying out of the proposed development will comply with the requirements of any applicable development control plan.

Large sites

(8) Development for the purpose of villas or townhouses (or both) or detached dual occupancy may also be carried out, with the Council’s consent, on a site consisting of an allotment of land that is within the Residential 2 (a) Zone (except within the foreshore scenic protection area or the waterfront scenic protection area), and the land may be subdivided under the Strata Schemes (Freehold Development) Act 1973 , the Strata Schemes (Leasehold Development) Act 1986 or the Community Land Development Act 1989 , but only if:

(a) the site was a single allotment on the commencement of Kogarah Local Environmental Plan 1998 (Amendment No 2) , and

(b) it has a site area of at least 1 500 square metres.

(9) The Council is not to grant a consent referred to in subclause (8):

(a) if the site coverage of the proposed buildings, when considered in total, would exceed 30%, or

(b) unless the Council is satisfied that the carrying out of the proposed development will comply with the requirements of any applicable development control plan which, for the purposes of this paragraph, is taken to include any development control plan that applies to development for the purpose of single dwellings.

Corner sites

(10) A corner allotment of land within the Residential 2 (a) Zone (except within the foreshore scenic protection area or the waterfront scenic protection area) may, with the Council’s consent, be developed for the purpose of detached dual occupancy and the allotment may be subdivided so as to create separate land titles for each dwelling if:

(a) the land is at least 650 square metres in area, and

(b) each allotment resulting from the subdivision will be at least 12 metres wide at its street frontage, and

(c) each building resulting from the carrying out of the development will face a public street that is at least 8 metres wide in front of the building, and

(d) the site coverage of the proposed buildings, when considered both in total and for each of the separate dwellings on allotments to be created by a proposed subdivision under the Strata Schemes (Freehold Development) Act 1973 , the Strata Schemes (Leasehold Development) Act 1986 or the Community Land Development Act 1989 , would not exceed 30% when calculated both in respect of the site area of the original allotment and in respect of the allotment proposed for each separate dwelling, and

(e) where the Council has adopted a development control plan that applies to development for the purpose of single dwellings-the Council is satisfied that the carrying out of the proposed development will comply with the requirements of the development control plan.

Development for the purpose of terrace housing

(11) Development for the purpose of terrace housing may be carried out, with the Council’s consent, on a site consisting of an allotment (or a group of adjoining allotments) of land that is within the Residential 2 (a) Zone if:

(a) each dwelling resulting from the carrying out of the development will have both frontage to a street that is at least 10 metres wide and a rear boundary to a laneway that is no wider than 7 metres, and

(b) the Council is satisfied (if the site adjoins other forms of residential development within the Residential 2 (a) Zone or vacant sites within that zone) that the carrying out of the proposed development will comply with such of the requirements of any development control plan applying to single dwellings and adopted by the Council as deal with the impact on residential dwellings and their private open space of the carrying out of development on adjoining land, and

(c) where the Council has adopted a development control plan that applies to development for the purpose of terrace housing-the Council is satisfied that the carrying out of the proposed development will comply with the requirements of the development control plan.

(12) Nothing prevents each dwelling in a row of terrace houses (other than the two end dwellings) from being built to the side boundary.