New South Wales Consolidated Regulations

NAMBUCCA LOCAL ENVIRONMENTAL PLAN 1995 - REG 30A

30A What controls apply to dual occupancy development?

(1) Land within Zone 2 (a), 2 (b), 2 (d) or 2 (v) may be developed for a dual occupancy if the area of the land is:

(a) at least 450 square metres for two attached dwellings, or

(b) at least 600 square metres for two detached dwellings.

(2) Land within Zone 2 (a), 2 (b), 2 (d) or 2 (v) may be subdivided to create separate land titles for each of the two dwellings that have been or will be created by dual occupancy development, regardless of any other provision of this plan, but only if:

(a) the consent authority has granted consent for the subdivision, and

(b) the dwellings are connected to the Council’s sewerage system or the Council is satisfied that the system is available for connection and that the dwellings will be connected to it, and

(c) in the case of two attached dwellings, the area of the land to be subdivided is at least 450 square metres, and

(d) in the case of two detached dwellings, the area of the land to be subdivided is at least 600 square metres.

(3) The consent authority must not grant consent to such a subdivision unless the consent relates to land on which the dual occupancy development has been carried out or to land in respect of which the consent authority grants consent at the same time for the dual occupancy development.