Byron Local Environmental Plan 1988
17Dual occupancy
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17 Dual occupancy
17 Dual occupancy
(1) This clause applies to land within Zones Nos 1 (a), 1 (b1), 1 (b2), 1 (c1), 1 (c2), 1 (d), 2 (a), 2 (t), 2 (v), 7 (c), 7 (d) and 7 (f2).
(2) In this clause, dual occupancy building means a building containing 2 dwellings.
(3) Where in accordance with clause 9, development for the purpose of a dwelling-house may be carried out on an allotment of land within Zones Nos 2 (a), 2 (t), 2 (v) or 7 (f2), a person may, with the consent of council—
(a) erect a dual occupancy building on the allotment of land,
(b) alter or add to a dwelling-house erected on the allotment of land so as to create a dual occupancy building,
(c) erect 2 dwelling-houses on the allotment, or
(d) erect a dwelling-house in addition to one already erected on the allotment,
if, but only if, not more than 2 dwellings will be created or result on the allotment.
(4) Where, in accordance with clause 9, development for the purpose of a dwelling-house may be carried out on an allotment of land within Zones Nos 1 (a), 1 (b), 1 (c1), 1 (c2), 1 (d), 7 (c) or 7 (d) to which this clause applies, a person may with the consent of the council—
(a) erect a dual occupancy building on the allotment of land, or
(b) alter or add to a dwelling-house erected on the allotment of land so as to create a dual occupancy building.
(5) The council shall not grant consent as referred to in subclause (3) or (4) unless—
(a) arrangements satisfactory to it have been made for the provision of a water supply to each dwelling and for the disposal of sewage and stormwater from each dwelling, and
(b) the area of the allotment on which the dwellings are or will be erected is not less than 800 square metres.
(6) Except as provided by subclause (7), the council shall not grant consent as referred to in subclause (3) or (4) unless the floor space ratio of any building on the land will not exceed 0.5:1.
(7) Where—
(a) an application is made to the council in accordance with subclause (3) or (4) to alter or add to a dwelling-house to create a dual occupancy building, and