Minimum lot size

Where the proposed zone is E3-Environmental Management, the minimum lot size's are proposed to be changed to 250 hectares (nearly 618 acres).

Areas which retain their RU1-Primary Production zone is proposed to have the minimum lot size amended to either 250 hectares or 400 hectares (988 acres).

What does this mean?

1. If your lot is less than this minimum and does not have an approved dwelling at the time of the amendments you will not have a development application for a dwelling approved.

2. If you wish to subdivide, and you wish to create a lot which has a dwelling already on it, it wont be approved.

3. You may be able to subdivide to smaller than the minimum lot size if Council adopt the Minimum Lot Size clauses of the Local Environmental Plan, provided there will be no existing dwelling on the subdivided lot. This means, however, that there will not be a new dwelling entitlement on the new lot.

Problems arise with the current system of Minimum Lot Sizes, where the mapping is changed or created where existing lots are less than the Minimum Lot Size. This is particularly common in rural zones, where Minimum Lot Sizes reflect the size of an agricultural holding which is considered adequate to be economically sustainable. It is assumed that each lot is held by a different person, rather than the historical system where most holdings consist of multiple lots.

A way to 'get around the minimum lot size' could be to submit a development application prior to amended LEP becoming enforceable. This would allow for 5 years to complete the development. There is no guarantee that Council would approve the application, though, as they are planning to amend the zones.

This is further complicated by Existing Use Rights. This states that as long as a use is continued and does not lapse for a period of 12 months, the right to the use continues. If a dwelling is vacant for a period of 12 or more months, the dwelling can no longer be occupied.

The Existing Use Right is also applicable to permitted land uses. For example, where a use is permitted currently, the use will continue even if the new zone does not allow it; as long as the use is not abandoned for a period of 12 or more months.

There are some areas of the previous Snowy River Shire where the proposed minimum lot size will decrease. These include rural areas around Adaminaby and Paupong. These landholders had the minimum lot sizes changed in the Snowy Rivers LEP 2013. The Adaminaby area was 250 hectares and are proposed to be changed back to 80 hectares; the Paupong area was 400 hectares and are proposed to changed down to 250 hectares.