Cessnock Local Environmental Plan 2011
4.1C Exceptions to minimum lot sizes for certain residential development
(1) The objective of this clause is to encourage housing diversity without adversely impacting on residential amenity.(2) This clause applies to land in the following zones—(a) Zone R2 Low Density Residential,(b) Zone R3 Medium Density Residential.(3) Despite clause 4.1, development consent may be granted to a single development application for development on land to which this clause applies that is both of the following—(a) the erection of a dual occupancy on the land,(b) the subdivision of that land into 2 lots if each lot resulting from the subdivision contains one dwelling and the size of each lot is not less than 300 square metres (excluding the area of any access handle).(4) Despite clause 4.1, development consent may be granted for a subdivision that would create separate titles for each of the 2 dwellings comprising a dual occupancy on land to which this clause applies if—(a) the size of each lot resulting from the subdivision is not less than 300 square metres (excluding the area of any access handle), and(b) each lot resulting from the subdivision will contain one dwelling, and(c) the subdivision is not inconsistent with the development consent for the dual occupancy.