New South Wales Consolidated Regulations

WINGECARRIBEE LOCAL ENVIRONMENTAL PLAN 1989 - REG 24

24 Dwelling-houses-dual occupancy

(1) Subject to subclauses (2)-(7), a person may, with the consent of the council:

(a) alter or add to a dwelling-house so as to create 2 dwellings on land within Zone No 1 (a), 1 (b), 1 (c), 2 (a), 2 (a1), 2 (a2), 2 (b), 2 (c), 5 (c), 7 (a) or 7 (b), or

(b) erect a second dwelling-house on an allotment of land within Zone No 2 (a), 2 (a1), 2 (a2), 2 (b) or 2 (c).

(2) The council shall not grant consent to an addition to a dwelling-house under subclause (1) unless the additional dwelling to be created will have a floor area not exceeding:

(a) 60 square metres, where the land has an area of less than 1,000 square metres, or

(b) 90 square metres, where the land has an area of 1,000 square metres or greater.

(3) The council shall not grant consent to the erection of a second dwelling-house under subclause (1):

(a) where the second dwelling-house is to be erected on an allotment of land which has an area of less than 4,000 square metres,

(b) where the gross floor area of the second dwelling exceeds the gross floor area of the first dwelling by greater than 50 per cent,

(c) unless the design of the building and its colour, texture, style and type of material finish is compatible with that of the first dwelling, or

(d) unless adequate separation has been provided between the 2 dwellings so as to maintain privacy.

(4) The council shall not grant consent pursuant to subclause (1) unless arrangements satisfactory to the council have been made for the provision of a water supply and for the disposal of sewage and stormwater drainage from the land.

(5) The provisions of this plan relating to residential flat buildings do not apply to a dwelling-house altered or added to, or proposed to be altered or added to, in accordance with this clause.

(6) Where, in accordance with this clause, a dwelling-house is altered or added to so as to create 2 dwellings, or where a second dwelling-house is placed on an allotment of land, the separate occupation of the several lots illustrated by a proposed strata plan relating to those dwellings is prohibited.

(7) For the purpose of enabling development to be carried out in accordance with this clause or in accordance with a consent granted under the Act, in relation to development carried out in accordance with this clause, any agreement, covenant or instrument imposing restrictions as to the erection or use of buildings for certain purposes or as to the use of land for certain purposes, to the extent necessary to serve that purpose, shall not apply to the development.