What is the issue?
The draft LEP proposes a special dwelling-house restriction that would prevent many existing lawful lots from seeking development consent for a dwelling, despite those lots having existed lawfully for many years.
The draft LEP also applies minimum lot size controls without recognising that some subdivisions do not create any additional dwelling entitlement. This has the unintended consequence of preventing sensible boundary adjustments between existing properties, even where no additional development potential is created.
Why this matters
Planning controls should regulate future development, not unnecessarily restrict the reasonable use of existing lawful land.
Boundary adjustments are commonly used to:
- resolve historic title anomalies;
- improve property layouts;
- relocate boundaries to reflect existing occupation;
- facilitate infrastructure or access arrangements; and
- improve land management outcomes.
Where a subdivision does not create an additional lot capable of supporting another dwelling, applying minimum lot size controls achieves no planning benefit because dwelling density remains unchanged.
Planning controls should therefore distinguish between:
- subdivisions that create additional dwelling opportunities; and
- subdivisions that merely rearrange existing boundaries.
WUFA recommendation
- Delete the proposed special dwelling-house restriction and preserve the right to seek development consent for a dwelling on existing lawful lots.
- Insert a clause providing that the minimum lot size requirement does not apply to the subdivision of land where the subdivision does not create any additional dwelling entitlement, including boundary adjustments.
Why this recommendation is appropriate
These changes would:
- preserve the long-established development rights of existing lawful lots;
- allow practical boundary adjustments without increasing housing density;
- improve flexibility for landowners while maintaining the planning objectives of the LEP;
- avoid unnecessary constraints on land management; and
- ensure planning controls remain proportionate to the planning outcomes they are intended to achieve.