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Minimum Lot Sizes for a Dwelling

The Draft Hilltops LEP sets the Minimum Lot Size requirements for all rural, commercial and residential lots proposed to accommodate a dwelling.  The controls are intended to ensure allotments are capable of accommodating a dwelling and all ancillary activities and associated services (including on-site effluent disposal where applicable) as well as ensuring the scale of development reflects the objectives of the zone.

In Town Residential Land (R1 General Residential and R2 Low Density Residential), the aim is to it creates the standard subdivision pattern and density for fully serviced residential development.

In Semi-Rural land (R5 Large Lot Residential and RU4 Primary Production Small Lots), the aim is to provide appropriate scale of unserviced rural residential development whilst not causing potential land use conflict with surrounding agricultural uses;

In Villages (RU5 Village Zone), the aim is to provide appropriate scale of based on access and availability of services determining residential development in a village setting whilst not causing potential land use conflict with surrounding agricultural uses;

In Rural Land (RU1 Primary Production), the aim is to protect the long-term sustainability of agriculture by preventing fragmentation of productive agricultural land. As well as minimize the potential for land use conflict where new residential housing encroaches on rural land and resource areas.

Please note, the Minimum Lot Size requirements only apply to new development applications proposing to alter property boundaries or create new allotments. As described they set the minimum size permitted under the LEP, with larger lot sizes also permitted.

Objectives of Minimum Lot Size

The proposed objectives for the consolidated Hilltops LEP for minimum lot size are derived from the objectives of the three current LEP’s and the Hilltops LSPS.

The proposed changes to the objectives cluster and clarify the intention of using the minimum lot size while not losing the intention of the previous LEP objectives.

However, updating objectives to be in line with the Hilltops 2040 objectives and adapting approved clauses that have been used around NSW.

The proposed objectives within the Draft Hilltops LEP for minimum lot size are:

  1. to ensure land use and development are undertaken on appropriately sized parcels of land.
  2. to ensure sufficient land area to promote high levels of residential amenity,
  3. to ensure new lots have an adequate water supply and can be provided with an effective means of disposal of domestic waste and adequately serviced,
  4. to create lots that are compatible with the existing predominant lot pattern or desired future character of the locality and to minimise the likely adverse impact on the amenity of adjoining developments.
  5. to prevent fragmentation of primary production agricultural land,
  6. to minimise potential for land use conflict, particularly between residential land uses and other rural land uses

Minimum Lot Sizes apply to

The Minimum Lot Size for a Dwelling is also intended to ensure lands are capable of sustaining their primary use, such as for primary production.

You can find more information about the Minimum Lot Size and Subdivision in Attachment D – Planning Proposal – Residential and Rural Minimum Lot Size.

To find where the the Minimum Lot Size applies and located, view and search using the Online Map Viewer.

Find out about proposed changes to:

Minimum Lot Sizes in Residential Zones:

  • R1 General Residential
  • R2 Low Density Residential
  • R5 Large Lot Residential

Minimum Lot Sizes in Villages:

  • RU5 Village

Minimum Lot Sizes in Rural Zones:

  • RU1 Primary Production
  • RU4 Primary Production Small Lots

The minimum lot size for a dwelling control – relevant to subdividing your land for the purposes of residential development – applies to the following land zones:

Rural Zones:

  • RU1 Primary Production
  • RU4 Primary Production Small Lots
  • RU5 Village

Residential Zones:

  • R1 General Residential
  • R2 Low Density Residential
  • R5 Large Lot Residential

Environmental & Conservation ZonesE3 Environmental Management