86Private open space

86 Private open space (b) a schedule to that zone in the planning scheme specifies a minimum area and dimension for private open space— a Class 1 building on that allotment must have private open space of at least the area and dimension specified in that schedule. Reg. 86(2) substituted by S.R. No. 132/2023 reg. 17(1). (2) If subregulation (1) does not apply, a Class 1 building on an allotment must have private open space— (a) of not less than 80 m2 or 20% of the area of the allotment, whichever is the lesser, which includes an area at the side or rear of the building— (i) that is not less than 25 m2 with a minimum dimension of 3 m; and (ii) that has convenient access from a habitable room (other than a bedroom); or (b) if there is a small second dwelling on the allotment, the existing dwelling must have private open space not less than an area of 25 m2 and a minimum dimension of 3 m at the side or rear of the existing dwelling with convenient access from a habitable room (other than a bedroom). (3) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. Reg. 86(4) inserted by S.R. No. 132/2023 reg. 17(2). (4) This regulation does not apply in respect of the construction of a building that is a small second dwelling. Reg. 86A inserted by S.R. No. 132/2023 reg. 18.