New South Wales Consolidated Regulations

BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 - REG 92

92 Subdivision related to specific land uses

(1) The consent authority may consent to the subdivision of land to create lots that do not comply with clause 90 if the subdivision--

(a) is for cluster housing, or

(b) is for integrated housing within the Village--Housing zone, or

(c) relates to detached dual occupancy development for which consent has been granted and provides for each dwelling to be on a separate lot, where the lot size prior to subdivision is not less than 1,100 square metres, excluding any part of that lot that is within the Environmental Protection--Private zone and the area of any access handle for a hatchet shaped lot, or

(d) relates to attached dual occupancy development for which consent has been granted and provides for each dwelling to be on a separate lot, where the lot size prior to subdivision is not less than 900 square metres, excluding any part of that lot that is within the Environmental Protection--Private zone and the area of any access handle for a hatchet shaped lot, or

(e) relates to dual occupancy or multi-dwelling housing development in the Village--Housing or Village--Tourist zone for which consent has been granted and provides for each dwelling to be on a separate lot, or

(f) relates to accessible housing for which consent has been granted and provides for each dwelling to be on a separate lot, or

(g) is a neighbourhood or strata subdivision involving existing lawful buildings or buildings for which consent has been granted, but only where each lot, other than neighbourhood property, common property or development lots, includes a building or part of a building capable of separate occupation.

(2) Consent may be granted to subdivision for the purpose of cluster housing only where the consent authority is satisfied that--

(a) the number of proposed lots is not greater than 8 lots per hectare of that part of the total site area that is zoned Living--Bushland Conservation, and

(b) the cluster housing, including access and any buildings ancillary to a dwelling house, will not be located on any development excluded land, and

(c) dwellings are designed and located so as to minimise threat to life and property from bush fire, and

(d) measures are to be put in place to ensure that any land that is common open space, as part of the cluster housing, is to be managed to ensure that the environmental qualities of the land are maintained, and

(e) the development will incorporate areas of bushland and native vegetation, and

(f) dwellings will be located to utilise materials and to be of a form and scale that reinforces the landscape character of the locality in which the development will be situated.

(3) Where land or any part of land is subject to development for the purpose of cluster housing to a density of 8 lots per hectare in accordance with subclause (2), consent must not be granted for the further subdivision of that land, other than for the purpose of--

(a) a boundary adjustment where no additional lots are created, or

(b) providing land for public purposes.

(4) Consent may be granted to development for the purpose of cluster housing in accordance with subclause (2) even though it contravenes a building setback in Division 1 of Part 3 of Schedule 2 where the consent authority is satisfied that the contravention of the building setback contributes to complying with subclause (2) (d)-(f).