Division 2 Provisions that apply to particular kinds of development

28   Subdivision—consent requirements

(1)  Despite clause 11, land to which this plan applies may be subdivided, but only with consent.

(2)  Consent must not be granted to the subdivision of land in a zone unless the consent authority has considered the relevant objectives of the zone specified in clause 11.

(3)  Nothing in this clause requires consent for subdivision that is exempt development.

29   Crown development and public utilities

(1)  Nothing in this plan (except for clause 23) is to be construed as restricting or prohibiting or enabling the consent authority to restrict or prohibit:

(a)  the carrying out of development of any description specified in subclauses (2)–(12), or

(b)  the use of existing buildings of the Crown by the Crown.

Note. Clause 23 deals with development on land identified as having, or potentially having, acid sulfate soils.

(2) Railway undertakings
The carrying out by persons carrying on railway undertakings, on land comprised in their undertakings, of:

(a)  any development required in connection with the movement of traffic by rail, including the construction, reconstruction, alteration, maintenance and repair of ways, works and plant, and

(b)  the erection within the limits of a railway station of buildings for any purpose,

      but excluding:

(c)  the construction of new railways, railway stations and bridges over roads, and

(d)  the erection, reconstruction and alteration of buildings for purposes other than railway undertaking purposes outside the limits of a railway station and the reconstruction or alteration, so as materially to affect their design, of railway stations or bridges, and

(e)  the formation or alteration of any means of access to a road, and

(f)  the erection, reconstruction and alteration of buildings for purposes other than railway purposes where such buildings have direct access to a public place.

(3) Water, sewerage, drainage, electricity or gas undertakings
The carrying out by persons carrying on public utility undertakings, being water, sewerage, drainage, electricity or gas undertakings, of any of the following development, being development required for the purpose of their undertakings:

(a)  development of any description at or below the surface of the ground,

(b)  the installation of any plant inside a building or the installation or erection within the premises of a generating station or substation established before the commencement of this plan of any plant or other structures or erections required in connection with the station or substation,

(c)  the installation or erection of any plant or other structures or erections by way of addition to or replacement or extension of plant or structures or erections already installed or erected, including the installation in an electrical transmission line of substations, feeder-pillars or transformer housing, but not including the erection of overhead lines for the supply of electricity or pipes above the surface of the ground for the supply of water, or the installation of substations, feeder-pillars or transformer housing of stone, concrete or brickworks,

(d)  the provision of overhead service lines in pursuance of any statutory power to provide a supply of electricity,

(e)  the erection of service reservoirs on land acquired or in the process of being acquired for the purpose before the commencement of this plan, provided reasonable notice of the proposed erection is given to the consent authority,

(f)  any other development, except:

(i)  the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or

(ii)  the formation or alteration of any means of access to a road.

(4) Water transport undertakings
The carrying out by persons carrying on public utility undertakings, being water transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by water, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except:

(a)  the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or

(b)  the formation or alteration of any means of access to a road.

(5) Wharf or river undertakings
The carrying out by persons carrying on public utility undertakings, being wharf or river undertakings, on land comprised in their undertakings, of any development required for the purposes of shipping or in connection with the embarking, loading, discharging or transport of passengers, livestock or goods at a wharf or the movement of traffic by a railway forming part of the undertaking, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, works and plant for those purposes, except:

(a)  the construction of bridges, the erection of any other buildings, and the reconstruction or alteration of bridges or of buildings so as materially to affect their design or external appearance, or

(b)  the formation or alteration of any means of access to a road.

(6) Air transport undertakings
The carrying out by persons carrying on public utility undertakings, being air transport undertakings, on land comprised in their undertakings within the boundaries of any aerodrome, of any development required in connection with the movement of traffic by air, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except:

(a)  the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or

(b)  the formation or alteration of any means of access to a road.

(7) Road transport undertakings
The carrying out by persons carrying on public utility undertakings, being road transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by road, including the construction, reconstruction, alteration, maintenance and repair of buildings, works and plant required for that purpose, except:

(a)  the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or

(b)  the formation or alteration of any means of access to a road.

(8) Mining
The carrying out by the owner or lessee of a mine (other than a mineral sands mine), on the mine, of any development required for the purposes of a mine, except:

(a)  the erection of buildings (not being plant or other structures or erections required for the mining, working, treatment or disposal of minerals) and the reconstruction, alteration or extension of buildings, so as materially to affect their design or external appearance, or

(b)  the formation or alteration of any means of access to a road.

(9) Roads
The carrying out of any development required in connection with the construction, reconstruction, improvement, maintenance or repair of any road, except the widening, realignment or relocation of such road.

(10) Forestry
The carrying out of any forestry work by the Forestry Commission or Community Forest Authorities empowered under relevant Acts to undertake afforestation, the construction of roads, protection, cutting and marketing of timber, and other forestry purposes under such Acts or upon any Crown land temporarily reserved from sale as a timber reserve under the Forestry Act 1916.

(11) Development carried out by a rural lands protection board
The carrying out by a rural lands protection board of any development required for the improvement and maintenance of travelling stock and water reserves, except:

(a)  the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or purposes, and

(b)  any development designed to change the use or purpose of any such reserve.

(12) Soil conservation, irrigation, afforestation, reafforestation, flood mitigation, water conservation or river improvement
The carrying out or causing to be carried out by the consent authority, where engaged in flood mitigation works, or by the Department of Natural Resources, of any work for the purposes of soil conservation, irrigation, afforestation, reafforestation, flood mitigation, water conservation or river improvement in pursuance of the provisions of the Water Act 1912, the Water Management Act 2000, the Farm Water Supplies Act 1946 or the Rivers and Foreshores Improvement Act 1948, except:

(a)  the erection of buildings, and installation or erection of plant or other structures or erections and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, and

(b)  the formation or alteration of any means of access to a road.

30   Maintenance dredging of tidal waterways

Despite clause 11, maintenance dredging, by or on behalf of a public authority (including the Council), within tidal waterways may be carried out without consent.

31   Development for group homes

(1)  If development for the purpose of a dwelling house or a dwelling in a residential flat building may lawfully be carried out in accordance with this plan, development for the purpose of a group home may, subject to this clause, be carried out with consent.

(2)  The consent authority must not consent to development for the purpose of a group home unless it has considered the community need for the group home concerned.

(3)  Consent is not required under this clause to carry out development for the purpose of a permanent group home that contains 5 or less bedrooms and that will be occupied by not more residents (including any resident staff) than the number calculated by multiplying the number of bedrooms in that dwelling by 2.

(4)  Consent may not be refused under this clause unless an assessment has been made of the need for the group home concerned.

(5)  Nothing in this clause requires consent to be obtained by the Department of Housing (or a person acting jointly with the Department of Housing) to carry out development for the purpose of a transitional group home.

32   Seniors housing in Zone 8 or 9

Despite clause 11, development for the purpose of seniors housing may be carried out on land in Zone 8—Urban Centre or Zone 9—Local Centre only if:

(a)  it is proposed that any building in which seniors housing is to be located is also to be used for a purpose, other than seniors housing, permitted under this plan, and

(b)  the consent authority is satisfied that the development is consistent with the objectives of the zone in which it is proposed to be carried out.

33   Building height

(1) Clause does not apply to seniors housing in Zone 4, 5 or 6
This clause does not apply to seniors housing on land in Zone 4—Local Housing, Zone 5—Multiple Dwelling A or Zone 6—Multiple Dwelling B.

(2) Objectives
The objectives of this clause are as follows:

(a)  to ensure the scale of buildings:

(i)  is consistent with the desired scale and character of the street and locality in which the buildings are located, and

(ii)  complements any natural landscape setting of the buildings,

(b)  to allow reasonable daylight access to all buildings and the public domain,

(c)  to minimise the impacts of new buildings on adjoining or nearby properties from loss of views, loss of privacy, overshadowing or visual intrusion,

(d)  to ensure that the visual impact of buildings is minimised when viewed from adjoining properties, the street, waterways and public reserves,

(e)  to ensure, where possible, that the height of non-residential buildings in residential zones is compatible with the scale of residential buildings on land in those zones.

(3)  The consent authority must not consent to development for the purpose of a building unless it has considered the objectives of this clause.

(4) Height of building generally—default position
A building must comply with each of the following:

(a)  the building must not comprise more than 2 storeys,

(b)  the building must not exceed the following:

(i)  a height of 7.2 metres, as measured vertically from ground level to any point on the uppermost ceiling in the building,

(ii)  a height of 9 metres, as measured vertically from ground level to the highest point of the roof of the building.

(5)  Subclause (4) does not apply to a building referred to elsewhere in this clause (other than a building referred to in subclause (12) or (13)).

(6) Buildings in Zone 7
A building on land in Zone 7—Mixed Use—Kirrawee must not comprise more than the maximum number of storeys specified on the Height and Density Controls Map in relation to that land.

(7)  A building on land in Zone 7—Mixed Use—Kirrawee must not exceed any maximum height (as measured vertically from ground level to the highest point of the roof of the building) specified on the Height and Density Controls Map in relation to that land.

(8) Buildings in Zone 8, 9 or 10
A building on land in Zone 8—Urban Centre, Zone 9—Local Centre or Zone 10—Neighbourhood Centre must not comprise more than:

(a)  the maximum number of storeys specified on the Height and Density Controls Map in relation to the land concerned, or

(b)  if that map does not specify a maximum number of storeys in relation to the land concerned:

(i)  2 storeys in the case of a building located on land in Zone 10—Neighbourhood Centre, or

(ii)  3 storeys in any other case.

(9)  A building on land in Zone 8—Urban Centre, Zone 9—Local Centre or Zone 10—Neighbourhood Centre must not exceed any maximum height specified on the Height and Density Controls Map in relation to the land concerned.

(10) Maximum number of storeys and height on certain land in Miranda
Despite subclause (8) or (9), a building on land in Zone 8—Urban Centre or Zone 12—Special Uses that is shown hatched on the Height and Density Controls Map may:

(a)  comprise 8 storeys, or

(b)  have a height that exceeds 28 metres, but does not exceed 32 metres (as measured vertically from ground level to the highest point of the roof of the building),

      but only if the consent authority is satisfied that:

(c)  any overshadowing of land caused by the building is no greater than the overshadowing that would be caused if the building comprised the maximum number of storeys and had the maximum height that would otherwise apply to the building under subclause (8) or (9), and

(d)  the design of the building significantly benefits urban design and the public domain in the location.

Note. The maximum number of storeys and height applying to the above land, as shown on the Height and Density Controls Map, is 7 storeys and 28 metres respectively.

(11) Buildings in Zone 11
A building on land in Zone 11—Employment must not exceed a height of 12 metres, as measured vertically from ground level to the highest point of the roof.

(12)  Despite subclause (11), a building on land in Zone 11—Employment that adjoins land in Zone 3—Environmental Housing (Bushland) or Zone 4—Local Housing must not exceed a height of 9 metres, as measured vertically from ground level to the highest point of the roof.

(13)  Despite subclauses (5) and (11), a dwelling house on land in Zone 11—Employment must comply with subclause (4).

(14) Residential flat buildings
Despite anything to the contrary in this clause, a residential flat building must not comprise more than:

(a)  the maximum number of storeys specified on the Height and Density Controls Map in relation to the land concerned, or

(b)  if that map does not specify a maximum number of storeys in relation to the land concerned—3 storeys.

(15)  Despite anything to the contrary in this clause, a residential flat building must not exceed any maximum height (as measured vertically from ground level to the highest point of the roof of the building) specified on the Height and Density Controls Map in relation to the land concerned.

(16) Villa houses
Despite anything to the contrary in this clause, a villa house must not exceed the following:

(a)  a height of 3.6 metres, as measured vertically from ground level to any point on the uppermost ceiling,

(b)  a height of 5.4 metres, as measured vertically from ground level to the highest point on the roof.

34   Building height—seniors housing in Zone 4, 5 or 6

(1) Objectives
The objectives of this clause, in relation to seniors housing on land in Zone 4—Local Housing, Zone 5—Multiple Dwelling A or Zone 6—Multiple Dwelling B, are as follows:

(a)  to ensure that seniors housing is of a height that is compatible with:

(i)  the scale of other residential buildings in the zone in which it is located, and

(ii)  the desired scale and character of the street and locality in which the seniors housing is located, and

(iii)  complements any natural landscape setting of the seniors housing,

(b)  to allow reasonable daylight access to all buildings and the public domain,

(c)  to minimise the impacts of new seniors housing on adjoining or nearby properties from loss of views, loss of privacy, overshadowing or visual intrusion,

(d)  to ensure that the visual impact of seniors housing is minimised when viewed from adjoining properties, the street, waterways and public reserves.

(2) Controls
The consent authority must not consent to development for the purpose of seniors housing on land in Zone 4—Local Housing, Zone 5—Multiple Dwelling A or Zone 6—Multiple Dwelling B unless it has considered the objectives of this clause.

(3)  Seniors housing on land in Zone 4—Local Housing or Zone 5—Multiple Dwelling A must not exceed 2 storeys.

(4)  Seniors housing on land in Zone 6—Multiple Dwelling B must not comprise more than:

(a)  the maximum number of storeys specified on the Height and Density Controls Map in relation to the land concerned, or

(b)  if that map does not specify a maximum number of storeys in relation to the land concerned—3 storeys.

(5)  Seniors housing on land in Zone 6—Multiple Dwelling B must not exceed any maximum height (as measured vertically from ground level to the highest point of the roof of the building) specified on the Height and Density Controls Map in relation to the land concerned.

(6)  If seniors housing on land in Zone 4—Local Housing, Zone 5—Multiple Dwelling A or Zone 6—Multiple Dwelling B includes a townhouse or villa house, the two-storey building in which the townhouse is located or the villa house must not exceed the maximum height specified in clause 33 (4) (b) or (16), respectively, for that kind of building.

35   Building density

(1) Application of clause
This clause does not apply to development for the purpose of a building that does not result in the creation of floor space.

(2) Objectives
The objectives of this clause are as follows:

(a)  to ensure that development is in keeping with the characteristics of the site and the local area,

(b)  to provide a degree of consistency in the bulk and scale of new buildings that relates to the context and environmental qualities of the locality,

(c)  to minimise the impact of buildings on the amenity of adjoining residential properties,

(d)  to ensure, where possible, that non-residential buildings in residential zones are compatible with the scale and character of residential buildings on land in those zones.

(3) Definition of “floor space ratio”
For the purposes of this plan:

floor space ratio means the ratio of the gross floor area of all buildings on a site to the area of the site.

(4) Site
The following is taken to be excluded from the site of proposed development for the purposes of this clause and (in relation to land at 97 Soldiers Road, Jannali) clause 14 (1):

(a)  land on which the proposed development is prohibited under this plan (other than land on which the proposed development is prohibited solely because of the application of clause 17),

(b)  in the case of an internal lot:

(i)  any access corridor to or from the lot (if the lot is a hatchet-shaped lot), and

(ii)  any right of way that traverses another lot.

Note. Among other things, clause 17 imposes certain restrictions on the erection of buildings on land traversed by a foreshore building line.

(5) Maximum gross floor area in Zone 1 or 2
The maximum gross floor area of all buildings on a site in Zone 1—Environmental Housing (Environmentally Sensitive Land) and Zone 2—Environmental Housing (Scenic Quality) is to be as indicated in the following table:

Area of site (m2)	Maximum gross floor area (m2)
Less than 850
850–less than 1,200
1,200–less than 1,800
1,800 or more

      where AS is the area of the site in square metres.

(5A)  The maximum gross floor area of all buildings at 97 Soldiers Road, Jannali may exceed the area provided for in subclause (5), but only if the proposed development is for the purpose of villa houses or townhouses.

Note. See clause 14 (1) for the maximum floor space ratio applying in relation to that development.

(6) Maximum floor space ratios
The maximum floor space ratio applying to development for the purpose of a building on a site in Zone 3—Environmental Housing (Bushland) is 0.45:1.

(7)  The maximum floor space ratio applying to development for the purpose of a building on a site in Zone 4—Local Housing is as follows:

(a)  in the case of a hostel—0.75:1,

(b)  in any other case—0.45:1.

(8)  The maximum floor space ratio applying to development for the purpose of a building on a site in Zone 5—Multiple Dwelling A is as follows:

(a)  in the case of a dual occupancy or dwelling house—0.45:1,

(b)  in the case of a hostel—0.75:1,

(c)  in any other case—0.7:1.

(9)  The maximum floor space ratio applying to development for the purpose of a building on a site in Zone 6—Multiple Dwelling B is as follows:

(a)  in the case of a dwelling house—0.45:1,

(b)  in the case of a residential flat building:

(i)  if the area of the site is 1,200 square metres or less—0.7:1, or

(ii)  if the area of the site is more than 1,200 square metres and less than 1,800 square metres—the ratio calculated as follows:

or

(iii)  if a floor space ratio is specified on the Height and Density Controls Map in relation to the site concerned—the floor space ratio specified on that map,

(c)  in the case of a townhouse or a villa house—0.7:1,

(d)  in any other case:

(i)  if a floor space ratio is specified on the Height and Density Controls Map in relation to the site concerned—the floor space ratio specified on that map, or

(ii)  if a floor space ratio is not specified on that map in relation to the site concerned—1:1.

(10)  The maximum floor space ratio applying to development for the purpose of a building on a site in Zone 7—Mixed Use—Kirrawee is as specified on the Height and Density Controls Map in relation to the site concerned.

(11)  The maximum floor space ratio applying to development for the purpose of a building on a site in Zone 8—Urban Centre or Zone 9—Local Centre is:

(a)  if a floor space ratio is specified on the Height and Density Controls Map in relation to the site concerned—the floor space ratio specified on that map, or

(b)  if a floor space ratio is not specified on that map in relation to the site concerned—2:1.

(12)  The maximum floor space ratio applying to development for the purpose of a building on a site in Zone 10—Neighbourhood Centre is:

(a)  if a floor space ratio is specified on the Height and Density Controls Map in relation to the site concerned—the floor space ratio specified on that map, or

(b)  if a floor space ratio is not specified on that map in relation to the site concerned—1:1.

(13)  The maximum floor space ratio applying to development for the purpose of a building on a site in Zone 11—Employment is 1:1.

36   Landscaped area

(1) Objectives
The objectives of this clause are as follows:

(a)  to ensure adequate opportunities for the retention or provision of vegetation that contributes to biodiversity,

(b)  to ensure adequate opportunities for tree retention and tree planting so as to preserve and enhance the tree canopy of Sutherland Shire,

(c)  to minimise urban run-off by maximising pervious areas on the sites of development,

(d)  to ensure that the visual impact of development is minimised by appropriate landscaping and that the landscaping is maintained,

(e)  (Repealed)

(f)  to ensure that landscaping carried out in connection with development on land in Zone 11—Employment is sufficient to complement the scale of buildings, provide shade, screen parking areas and enhance workforce amenities.

(2) Site
The following is taken to be excluded from the site of proposed development for the purposes of this clause:

(a)  land on which the proposed development is prohibited under this plan (other than land on which the proposed development is prohibited solely because of the application of clause 17),

(b)  in the case of an internal lot:

(i)  any access corridor to or from the lot (if the lot is a hatchet-shaped lot), and

(ii)  any right of way that traverses another lot,

(c)  40 square metres of the area of any lot on which there is, or is intended to be as part of the proposed development, a swimming pool that is ancillary to a dwelling house.

Note. Among other things, clause 17 imposes certain restrictions on the erection of buildings on land traversed by a foreshore building line.

(3) Controls
The minimum landscaped area of the site of any development for the purpose of a building on any land in Zone 1—Environmental Housing (Environmentally Sensitive Land) or Zone 2—Environmental Housing (Scenic Quality) is indicated in the Table below:

Area of site (m2)	Minimum landscaped area (m2)
Less than 850
850–less than 1,200
1,200– less than 1,800
1,800 or more

      where AS is the area of the site in square metres.

(4)  The minimum landscaped area of the site of any development for the purpose of a building on any land in Zone 3—Environmental Housing (Bushland) is 45 percent of the area of the site.

(5)  The minimum landscaped area of the site of any development is the following percentage of the area of the site specified below for that development:

(a)  development for the purpose of a building (other than a villa house or townhouse) on any land in Zone 4—Local Housing or Zone 5—Multiple Dwelling A—45 per cent,

(b)  development for the purpose of a townhouse on any land in Zone 4—Local Housing—40 per cent,

(c)  development for the purpose of a villa house on any land in Zone 4—Local Housing—30 per cent,

(d)  development for the purpose of a townhouse on any land in Zone 5—Multiple Dwelling A—35 per cent,

(e)  development for the purpose of a villa house on any land in Zone 5—Multiple Dwelling A or Zone 6—Multiple Dwelling B—20 per cent,

(f)  development for the purpose of a building (other than a dwelling house, villa house, townhouse or residential flat building) on any land in Zone 6—Multiple Dwelling B—60 per cent,

(g)  development for the purpose of a townhouse on any land in Zone 6—Multiple Dwelling B—35 per cent,

(h)  development for the purpose of a residential flat building on any land in Zone 6—Multiple Dwelling B—40 per cent,

(i)  development for the purpose of a building on any land in Zone 11—Employment—10 per cent,

(j)  development for the purpose of a dwelling house on any land in Zone 6—Multiple Dwelling B—45 per cent,

(6)  The minimum landscaped area of a site for development for the purposes of a combined villa and townhouse development is determined by applying, on a pro rata basis, the minimum percentage set out in subclause (5) for each type of dwelling in the relevant zone.

(7)–(9)  (Repealed)

37   Objectives of clauses 39–42

The objectives of clauses 39–42 are as follows:

(a)  to ensure that a new lot created for the purpose of a dwelling house has a sufficient area available for:

(i)  a dwelling house and ancillary facilities, and

(ii)  an outdoor recreation and service space, and

(iii)  vehicular access to and from the site,

(b)  to ensure that a sufficient area is available for building setbacks to reduce the effect of radiated heat from bush fire on bush fire prone land,

(c)  to ensure that newly created lots provide adequate building area to accommodate the type of dwellings that are proposed to be built on such lots,

(d)  to ensure that the area and width of lots are sufficient for their intended purpose and provide sufficient space for negative externalities to be resolved on site,

(e)  to ensure that a sufficient area of land is available, in connection with development, for landscaping, drainage and parking so as to achieve a satisfactory residential amenity,

(f)  to ensure new development complements the established scale and character of the streetscape where the development is carried out, and does not dominate the natural qualities of its setting.

38   References to area, width and depth of lot in clauses 39–42

(1)  For the purposes of applying clauses 39–42 to proposed development, the following is to be excluded in calculating the area of a lot of land:

(a)  land on which the proposed development is prohibited under this plan (other than land on which the proposed development is prohibited solely because of the application of clause 17),

(b)  any access corridor to or from the lot if the lot is a hatchet-shaped lot.

Note. Among other things, clause 17 imposes certain restrictions on the erection of buildings on land traversed by a foreshore building line.

(2)  For the purposes of clauses 39–42, the points on the boundaries of a lot of land between which the width or depth of the lot is to be measured are to be as determined by the consent authority having regard to the objectives set out in clause 37.

39   Minimum size of lot for dwelling houses

Note. Clauses 37 and 38 contain provisions that are relevant to the application of this clause.

(1)  This clause applies to a lot of land in Zone 1—Environmental Housing (Environmentally Sensitive Land), Zone 2—Environmental Housing (Scenic Quality), Zone 3—Environmental Housing (Bushland), Zone 4—Local Housing or Zone 5—Multiple Dwelling A that is created on or after the date on which this plan commences.

(2)  The area, width and depth of a lot of land to which this clause applies on which it is proposed to erect a dwelling house are not to be less than the minimum area, width and depth specified in the following Table:

Zone	Minimum area (except for internal lots) (m2)	Minimum area for internal lots (m2)	Minimum lot width (m)	Minimum lot depth (m)
Zone 1—Environmental Housing (Environmentally Sensitive Land)	850	1,000	18	27
Zone 2—Environmental Housing (Scenic Quality)	700	850	18	27
Zone 3—Environmental Housing (Bushland)	550	700	15	27
Zone 4—Local Housing	550	700	15	27
Zone 5—Multiple Dwelling A	550	700	15	27

(3)  Despite subclause (1), this clause does not apply to the erection of a dwelling house on a lot of land if development consent for the subdivision of land to create that lot was granted before the date of commencement of this plan.

40   Dual occupancies—internal lots and lot sizes

(1)  This clause applies to land in Zone 1—Environmental Housing (Environmentally Sensitive Land), Zone 2—Environmental Housing (Scenic Quality), Zone 3—Environmental Housing (Bushland), Zone 4—Local Housing or Zone 5—Multiple Dwelling A.

(2)  Despite any other provision of this plan, the following are prohibited on land to which this clause applies:

(a)  the subdivision of land for the purpose of a dual occupancy, whether attached or detached, if the lot on which the dual occupancy is proposed is an internal lot,

(b)  the subdivision of land to create a separate lot for each dwelling that currently comprises a dual occupancy, if any of the resulting lots would be an internal lot,

(c)  the erection of a dual occupancy, or the erection of a second dwelling, whether attached or detached, to create a dual occupancy on an internal lot, other than if one of the dwellings comprising the dual occupancy has a gross floor area not exceeding 65 square metres.

(3)  Despite any other provision of this plan, the subdivision of land to create a separate lot for each dwelling that currently comprises a dual occupancy is prohibited if the land is in Zone 1—Environmental Housing (Environmentally Sensitive Land) or Zone 2—(Environmental Housing (Scenic Quality).

(4)  The minimum area and minimum width of a lot of land in Zone 3—Environmental Housing (Bushland), Zone 4—Local Housing or Zone 5—Multiple Dwelling A is 800 square metres and 18 metres, respectively, if:

(a)  there is a dual occupancy on the lot, and

(b)  it is proposed to subdivide the lot to create a separate lot for each dwelling that currently comprises the dual occupancy.

(5)  Subclause (4) does not apply to a subdivision to create a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986.

(6)  Despite any other provision of this plan, the subdivision of land to create a separate lot for each dwelling that currently comprises a dual occupancy is prohibited if one of the dwellings has a gross floor area that does not exceed 65 square metres.

(7)  Despite any other provision of this plan, if proposed development on a lot is for dual occupancy in a zone shown in Column 1 of the following Table and both the dwellings comprising the dual occupancy will each have a gross floor area greater than 65 square metres, development consent must not be granted to the development unless the lot is equal to or greater than the minimum area specified in Column 2 of that Table for that zone.

Table

Column 1	Column 2
Zone	Minimum area (square metres)
Zone 1—Environmental Housing (Environmentally Sensitive Land)	850
Zone 2—Environmental Housing (Scenic Quality)	700
Zone 3—Environmental Housing (Bushland)	600
Zone 4—Local Housing	600
Zone 5—Multiple Dwelling A	600

Note. The term dual occupancy is defined in the Dictionary to mean 2 dwellings (whether attached or detached) on 1 lot of land. If that lot is subdivided, the dwellings cease to be a dual occupancy.

41   Villa houses, townhouses and residential flat buildings—internal lots and lot sizes

Note. Clauses 37 and 38 contain provisions that are relevant to the application of this clause.

(1) Application of clause
This clause applies to land in Zone 4—Local Housing, Zone 5—Multiple Dwelling A or Zone 6—Multiple Dwelling B.

(2)  This clause does not apply in relation to seniors housing.

(3) Villa houses and townhouses
The erection of a villa house or a townhouse on an internal lot of land to which this clause applies is prohibited.

(4)  The minimum area of a lot of land to which this clause applies on which it is proposed to erect a townhouse or a villa house is 1,200 square metres and the minimum width of any such lot is 25 metres.

(5) Residential flat buildings
The minimum area of a lot of land in Zone 6—Multiple Dwelling B on which it is proposed to erect a residential flat building is 1,800 square metres and the minimum width of any such lot is 30 metres.

(6)  Despite subclause (5), a lot of land in Zone 6—Multiple Dwelling B on which it is proposed to erect a residential flat building may be less than 1,800 square metres, or have a minimum width of less than 30 metres, if the consent authority is satisfied that:

(a)  the amalgamation of the lot with an adjoining lot is not reasonably feasible, or

(b)  the orderly and economic use and development of the lot and the adjoining lot can be achieved if amalgamation is not feasible.

42   Seniors housing—minimum lot size

Note. Clauses 37 and 38 contain provisions that are relevant to the application of this clause.

The minimum area of a lot on which it is proposed to erect seniors housing is 1,200 square metres and the minimum width of any such lot is 25 metres.

43   (Repealed)

44   Convenience stores—maximum floor space

The maximum floor space of a convenience store is 100 square metres.

45   Childcare centres—maximum number of children in Zone 1, 2, 4, 5 or 6

The maximum number of children that may be supervised or cared for in a childcare centre is 45 if the childcare centre is located on land in any of the following zones:

(a)  Zone 1—Environmental Housing (Environmentally Sensitive Land),

(b)  Zone 2—Environmental Housing (Scenic Quality),

(c)  Zone 4—Local Housing,

(d)  Zone 5—Multiple Dwelling A,

(e)  Zone 6—Multiple Dwelling B.

46   Telecommunication facilities and electromagnetic radiation emitting facilities and structures

(1)  In this clause:

relevant facility or structure means any of the following:

(a)  a telecommunications facility,

(b)  a radio communications facility,

(c)  any other facility or structure that emits electromagnetic radiation in the radiofrequency of the electromagnetic spectrum.

(2)  The consent authority must not consent to development for the purpose of a relevant facility or structure unless it has considered the following matters that are of relevance to the development:

(a)  the extent to which reasonable access to telecommunications and other communications technology that have no adverse impact on human health or the natural environment has been encouraged, or will be encouraged by the proposed development,

(b)  the extent to which the precautionary principle has been applied in choosing the site of the relevant facility or structure,

(c)  the extent to which any proposed relevant facility or structure will be visually compatible with the character of the surrounding area and visually integrated into any building or structure on which it is located.