24Concession for erection of certain dual occupancies

24 Concession for erection of certain dual occupancies

24 Concession for erection of certain dual occupancies

(1) Despite clause 23 (1) (a) and (b), the consent authority may consent to the erection of a dwelling on an allotment even though the proposal does not conform to those provisions if—

(a) it is proposed that the dwelling be erected as part of a dual occupancy, and

(b) it is proposed that the dual occupancy be comprised of that dwelling (the new dwelling) together with a dwelling that already exists on the land (the existing dwelling), and

(c) (Repealed)

(d) the combined gross floor area of the proposed dual occupancy is no more than 400 square metres, and

(e) it is proposed that each dwelling have at least 50 square metres of private open space at ground level.

(2) A reference in subclause (1) to the granting of consent to the erection of a dwelling includes a reference to the granting of consent to a new use referred to in clause 25.

(3) This clause does not apply in relation to a dwelling, erected by or on behalf of the Board, for the accommodation of staff of the Board.

Note—

Allotments occupied by dual occupancies will not be able to be subdivided under clause 21 (2) unless the total area of each proposed allotment is at least the minimum dwelling area. The minimum dwelling area for each dwelling on the proposed allotment created from the subdivision of a dual occupancy or multiple dwellings is 3,000 square metres.

cl 24: Am 2022 (29), Sch 1[5].