Fairness · Recommendation 4

Protect existing dwelling rights

Remove the proposed local clause that may prevent a dwelling house on an existing lot.

What is the issue?

The draft includes an additional local provision concerning the erection of dwelling houses on existing lots in the deferred lands and related areas.

Why does WUFA disagree?

WUFA considers the clause could remove or qualify an existing right to seek consent for a dwelling house, despite statements that the new LEP is not intended to remove existing dwelling rights.

Key points

  • Existing lots should retain the ability to seek consent for a dwelling.
  • The draft clause is inconsistent with the stated intent of the planning proposal.
  • The issue affects small and irregular historic lots.
  • Boundary adjustments should not be treated as the creation of additional dwelling entitlements.

WUFA recommendation

Delete the proposed special dwelling-house restriction and preserve the right to seek consent for a dwelling on existing lawful lots.