New South Wales Consolidated Regulations

BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 - REG 119

119 Dual occupancy

(1) Consent shall not be granted to development for the purpose of a dual occupancy on a lot unless the development has the following characteristics--

(a) if it is a proposed attached dual occupancy, it is located on a lot with an area of not less than 900 square metres (excluding the area of the access handle for a hatchet shaped lot),

(b) if it is a proposed detached dual occupancy, it is located on a lot with an area of not less than 1,100 square metres (excluding the area of the access handle for a hatchet shaped lot).

(2) However, the consent authority may consent to an attached dual occupancy on a lot with an area of not less than 720 square metres, where it is satisfied that--

(a) the dual occupancy will include one dwelling that has a gross floor area not greater than 80 square metres, or

(b) the development involves older public housing stock owned by the Department of Housing and the lot size is justified.

(3) Consent shall not be granted to development for the purpose of a dual occupancy in the Living--General zone unless--

(a) the form, design and appearance of the building (after any proposed alterations and additions have been carried out), including the roof pitch, colours and materials, are complementary to the adjoining and adjacent buildings and any existing dwelling house on the land, and

(b) private open space, with an area of not less than 50 square metres and a width of not less than 4 metres, is provided for each dwelling.

(4) The appearance and location from the primary street frontage of a dual occupancy in the Living--General zone should retain or enhance the existing character and appearance of a low-density residential area and shall avoid, in all but exceptional circumstances, a mirror-reversed design.

(5) Dual occupancies located on a corner allotment shall be designed to separately address the primary and secondary street frontages, where practicable.