Dear Bayside Council
Can you please review the approval of CDC 2022/110 by Buildcert Mitch Tarlington. The size of the lot is 465 square metres, with a frontage of 15.25 metres. Buildcert has approved an attached dual occupancy for this site under the SEPP Exempt Complying. The SEPP Exempt Complying States that the minimum lot size must be whichever the greater
(1) 400 square metres
(2) the minimum lot area specified for dual occupancies in the environmental planning instrument that applies to the land concerned.
The concerned environmental planning instrument for this site is the Bayside LEP 2021.
Bayside LEP 2021, part 4.1, Minimum subdivision lot size states the following;
Development consent may be granted to the subdivision of a lot on which there is an existing dual occupancy, or on which a dual occupancy is proposed, if—
(a) the area of each lot resulting from the subdivision is equal to or greater than 350 square metres, and
(b) each of the lots will have one of the dwellings on it.
The CDC has approved a dual occupancy for this site which will lead to each of the resultant lot sizes being 232.5 square metres. This falls short of the 350 square metres required by the Bayside LEP 2021.
This should not have been approved and council needs to take action immediately. I note the site is currently advertised as an approved dual occupancy site on "realestate.com.au'.
