138YAvoidance of sub-minimum lots

138Y Avoidance of sub-minimum lots

(1)  In this section,

sub-minimum lot means a lot that does not have the qualities of a minimum lot as provided by section 109 of the Local Government (Building and Miscellaneous Provisions) Act 1993 .

(2)  If the Recorder is not sure whether the granting of an application under this Division would result in the continuation or creation of a sub-minimum lot, the Recorder may require the applicant to produce a certificate from the relevant council –

(a) that the application would not result in the continuation or creation of a sub-minimum lot; or

(b) that the council consents to the application.

(3)  If the applicant fails to produce a certificate required under subsection (2) , the Recorder is not required to proceed with the application.