Lake Macquarie Local Environmental Plan 2004
Current version for 1 March 2020 to date (accessed 9 August 2020 at 01:52)
Part 5 Clause 27
27   Dwelling houses, small lot housing and dual occupancies in Zone 1 (2), 2 (1), 2 (2) or 7 (5)
(1)  This clause applies to land in Zone 1 (2), 2 (1), 2 (2) or 7 (5).
(2)  In this clause—
dwelling lot means a lot that—
(a)  was a lawfully created lot at the commencement of this plan, or
(b)  is a lot lawfully created after that commencement under a development consent granted before or after that commencement, or
(c)  complies with such of the requirements set out in Schedule 2 (Subdivision standards) as apply to the land comprising the lot.
(3)  A dwelling must not be erected or created on land to which this clause applies, except in accordance with this clause.
(4)  Consent may be granted for the erection or creation of—
(a)  a dwelling house on a dwelling lot in Zone 2 (2), or
(b)  a dwelling house or dual occupancy-attached on a dwelling lot in Zone 1 (2) or 7 (5), or
(c)  a dwelling house, dual occupancy-attached or dual occupancy-detached on a dwelling lot in Zone 2 (1).
(5)  Consent must not be granted for the erection or creation of a dwelling house, dual occupancy-attached or dual occupancy-detached on a dwelling lot if its erection or creation would mean—
(a)  if the lot is in Zone 1 (2), 2 (1), 2 (2) or 7 (5)—that there is more than one dwelling house on the dwelling lot (counting any dwelling house already on the lot), or
(b)  if the lot is in Zone 1 (2), 2 (1) or 7 (5)—that there are more than two dwellings on the dwelling lot (counting any dwelling already on the lot).
(6)  Consent must not be granted for the erection or creation of a dual occupancy-attached or dual occupancy-detached on a neighbourhood lot in Zone 1 (2) or 7 (5).
(7)  Consent must not be granted for the erection or creation of a dual occupancy-attached or dual occupancy-detached on a battle-axe lot in Zone 2 (1).
(8)  Consent must not be granted for the erection or creation of small lot housing in Zone 2 (1) or 2 (2)—
(a)  on a battle-axe lot, or
(b)  on a lot less than 1,000 square metres in area.
(9)  Consent must not be granted to the erection or creation in Zone 2 (1) of—
(a)  a dual occupancy-attached on a lot less than 500 square metres in area, or
(b)  a dual occupancy-detached on a lot less than 600 square metres in area.