Minimum Lot Size in a Residential Zone
Table of Contents
The Draft Hilltops LEP includes Minimum Lot Size (MLS) requirements to accommodate:
- an single dwelling in a residential, rural and environmental zones.
- agricultural purposes in rural and environmental zones.
The Minimum Lot Size requirements apply to any new development proposal made after the finalised Hilltops LEP takes affect.
Minimum Lot Size (MLS) requirements are commonly used in the NSW planning system. However, how and where they apply varies, to suit the land use objectives of the area. For example, in residential areas, the Minimum Lot size takes into account (amongst other things) desired amenity, provision of open space, capacity to accommodate a dwelling, levels of planned service and the protection of environmental and natural resource values.
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 lot size permitted under the LEP, with larger lot sizes also permitted.
You can find more information about the Minimum Lot Size and Subdivision in Attachment D – Planning Proposal – Residential and Rural Minimum Lot Size.
Minimum Lot Size for a dwelling in a Residential Zone (The R1, R2 and R5 Zones)
The Minimum Lot Size requirements of the Draft Hilltops LEP are intended to support the objectives for residential areas within Hilltops as described in Hilltops 2040, the endorsed Local Strategic Planning Statement for Hilltops. Hilltops 2040 aims to provide and protect a high quality residential amenity that adds value to the existing character and amenity of the town, neighbourhood and street. It also recognises the different types and scale of residential development found within and adjacent to Hilltops towns.
The aim of a minimum lot size is to create lot arrangements that support their effective use for residential purposes and the orderly and efficient provision of access and associated services such as water, electricity and sewer. Therefore, the lot size density will depend on connectivity to reticulated water and / or sewer services.
The Draft Hilltops LEP progresses these objectives through the use of three different residential zones and the Minimum Lot Size requirements. In two of the proposed zones, a standard Minimum Lot Size for a single dwelling is proposed across Hilltops for each residential zone. These are:
- R1 General Residential –
- serviced – Minimum Lot Size of 700 square metres
- unserviced – Minimum Lot Size of 1 hectare
- R2 Low Density Residential –
- serviced – Minimum Lot Size of 4000 square meters
- unserviced – Minimum Lot Size of 1 hectare
- R5 Large Lot Residential
- Minimum Lot Size of of 2 hectares
Minimum Lot Size for serviced and unserviced lands
Direct access and the capacity to provide urban services to a dwelling on the lot is a major factor in establishing a minimum lot size within a residential zone. Therefore, the Minimum Lot Size applicable is subject to full urban services being planned or provided to the lot.
Lands zoned R1 General Residential and R2 Low Density Residential are planned to have access to full urban services. Therefore, an MLS of 700 (R1) and 4000 (R2) square metres apply where a commitment to connect all dwellings to these is made and sufficient information provided to indicate that it can be satisfactorily achieved prior to the dwelling being occupied.
However, where these requirements cannot be met, alternate servicing arrangements must be achieved on site to local, State and Australian standards. In addition an Minimum Lot Size of 1 hectare applies.
Lands zoned R5 Large Lot Residential are planned not to have access to urban services and to accommodate ancillary activities such as on site sewer. They are also intended to support very low density residential development in a semi-rural setting. Therefore, an MLS of 2 hectares applies to assist in achieving these objectives.
The 2-hectare recommendation is drawn from the ability and sustainable use of onsite sewer management for a property that can be achieved alongside historic rural
residential minimum lot size.
Additionally, given the context and environmental consideration such as the topography of land, geology, creeks, streams and overland flows as well as the
consideration of biodiversity corridors this lot size provides opportunities to adequately address these considerations. Also, a lower minimum lot size can be achieved if Council is satisfied that a property is connected to reticulated water and sewer networks.
Minimum Lot Size for dual occupancies and multiple dwellings
The information provided above relates to Minimum Lot Sizes applicable to allow a single dwelling. However, these requirements do change where a development proposes the construction of two or more dwellings, to ensure the objectives of the relevant zone are met.
For further information on the Minimum Lot Size requirements for dual occupancies and multiple dwellings please go to Attachment D – Planning Proposal – Residential and Rural Minimum Lot Size.
Current Hilltops LEP and Minimum Lot Sizes
The Draft Hilltops LEP introduces Minimum Lot Size requirements for Hilltops, as they are not provided in the three current LEPs. However, to respond to State policy and assist in achieving the relevant objectives for residential areas of Hilltops it is considered that their inclusion will provide greater certainty for both residents and developers.
Boororwa LEP 2012 does include a Minimum Lot Size for the R1 General Residential zone. However, the current Young LEP 2010 and Harden LEP 2011 do not include Minimum Lot Size for residential development in the R1 General Residential zone.
It is proposed that a standard Minimum Lot Size be introduced across the R1 General Residential zone to provide greater certainty, achieve the objectives for town residential areas within Hilltops and facilitate the use and provisions of urban services consistent with planned demand.
|Young LEP 2010||Boorowa LEP 2012||Harden LEP 2011|
|Zone||Lot size||Lot size||Lot size|
|R1 General Residential||No MLS||700 m2||No MLS|
|R2 Low Density Residential||NA||4000 m2||NA|
|B4 Mixed Use||No MLS||NA||No MLS|
Proposed Minimum Lot Size in Hilltops
|Residential accommodation||Minimum Lot Size|
|General Residential (R1)||
700m2 minimum lot size for a dwelling
Lot Size dependant on connectivity to reticulated water and/or sewer services
Add clause noting if not connected the following:
1 hectare, if the consent authority is satisfied that each lot will be connected to the Council’s reticulated water supply system.
|Low Density Residential (R2)||
4000m2 where fully serviced to town water and sewer networks.
Where not fully serviced:
1 hectare, if the consent authority is satisfied that each lot will be connected to the Council’s reticulated water supply system but not sewer network.
750m2 , or
1000m2 for corner lot and battle axe blocks
|Residential Flat Building||2000m2|