Minimum lot sizes for dual occupancies

The implementation of the State Government’s Low Rise Medium Density Housing Code in Kiama LGA was deferred for a year to allow Council to mitigate against some of its consequences.

The legislation allows what is known as the Missing Middle – dual occupancy development and certain types of medium density development – to be approved as complying developments.

Designed with larger cities in mind, the Code allows for dual occupancies to be built on 400m2 lots as a complying development if a Local Environment Plan (LEP) does not prescribe a minimum lot size.

Complying developments do not need to be approved by Council if they meet certain standards, overriding LEP controls such as height and floor space ratios.

The only notification required is to Council and adjoining neighbours, a week before construction commences.

“Introducing minimum lot sizes was the only avenue to limit the application of the complying development rules,” says Council’s Director Environment Services, Linda Davis.

The June Council Meeting  endorsed a Planning Proposal to change the LEP to make multi-dwelling housing (terraces) permissible with consent in the R2 zone, and to introduce the following minimum lot sizes per dwelling for dual occupancy and terrace housing of:

  • 300m2 in Gerringong, Kiama and Gerroa R2 zones
  • 400m2 for Jamberoo.

For the R3 zone throughout, it introduces a minimum lot size and/or dwelling density for dual occupancies, manor houses and terraces of 200m2 per dwelling.

The new legislation comes into effect on 1 July.





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