Kiama Local Environmental Plan 1996
16Residential “A” and “B” Zones—Dual Occupancy Development
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16 Residential “A” and “B” Zones—Dual Occupancy Development
16 Residential “A” and “B” Zones—Dual Occupancy Development
(1) A person may, with the consent of the Council, on an allotment of land within Zone No 2 (a) or 2 (b)—
(a) erect 2 dwelling-houses on that allotment, or
(b) erect a second dwelling-house in addition to one already erected on that allotment, or
(c) alter or add to a dwelling-house or to any other building erected on that allotment so as to create 2 dwelling-houses,
if, but only if, not more than 2 dwellings will occupy the allotment after the development has been carried out.
(2) The Council shall not consent to dual occupancy development unless—
(a) in a case where the development will result in the creation of 2 attached dwellings—the area of the allotment on which the dwellings are or will be created is not less than 450 square metres, or
(b) in a case where the development will result in the erection of 2 dwelling-houses—the area of the allotment on which the dwelling-houses are or will be erected is not less than 600 square metres.
(3) Except as provided by subclause (4), the Council shall not consent to dual occupancy development unless the floor space ratio of dwellings on the land will be not more than 0.5:1.
(4) Where—
(a) an application is made to the Council to alter or add to a dwelling-house to create 2 dwellings, and
(b) the floor space ratio of the dwelling-house before it is altered or added to exceeds 0.5:1,
the Council may consent to the application if the floor space ratio of the dwellings to be created is not more than the floor space ratio of the dwelling-house before the alteration or addition.
(5) Subclause (4) only applies in relation to dwelling-houses erected before the appointed day.
(6) If an application is made for consent to erect a second dwelling-house on an allotment where there is an existing dwelling-house, the second dwelling-house shall not exceed 3.6 metres in height.
(7) If an application is made for consent to erect 2 detached dwelling-houses on a vacant allotment, the dwelling-house furthest from the street frontage shall not exceed 3.6 metres in height.