67Private open space and gardens for certain residential development

67 Private open space and gardens for certain residential development

67 Private open space and gardens for certain residential development

(1) Consent shall not be granted to development for the purpose of accessible housing or multi-dwelling housing unless the development complies with this clause.

(2) For each single storey dwelling or dwelling located, wholly or in part, on the ground floor of a multi-storey building, provision is to be made for a minimum area of private open space, based on the number of bedrooms in the dwelling, as specified in the following Table—

| Number of bedrooms in housing or dwelling | Minimum area of private open space | | One (including bedsits) | 25m2 | | Two | 40m2 | | Three or more | 50m2 |

(3) Private open space provided to comply with subclause (2) is to include at least one area that—

(a) has reasonable access to a living area of the dwelling, and

(b) is on a compatible level with a living area of the dwelling, and

(c) has a slope of less than 10 per cent, and

(d) is designed and located to allow appropriate access to sunlight and minimise overshadowing from adjoining buildings, and

(e) has acoustic treatments, where necessary and practicable, to minimise disturbance to residents of adjoining dwellings, and

(f) complies with the minimum area and minimum width, based on the number of bedrooms in the dwelling, as specified in the following Table—

| Number of bedrooms | Minimum area | Minimum width | | One (including bedsits) | 15m2 | 3m | | Two | 20m2 | 3.5m | | Three or more | 25m2 | 4m |

(4) In the case of a dwelling not subject to subclause (2), provision is to be made for a usable private balcony or deck attached to the dwelling that—

(a) has a minimum area of 6 square metres, and

(b) has a minimum length of 1.8 metres, and

(c) is accessible from a living area of the dwelling.

(5) Common landscaped areas are to have a garden structure and standard of presentation at least comparable with adjacent private gardens or public parks.