The lot must be within 200m walking distance to land in the centre zone and with an area of at least 2,000m2 to qualify for reduced minimum lot sizes in a Low-Density Residential Zone. The minimum lot size is reduced to 300m² for front lots, meaning a total minimum of 600m² is required for subdivision. The minimum frontage required is also reduced to 7.5m each, or a total of 15m.

The Character zone is split into two precincts – CR1 (Character) and CR2 (Infill Housing).  For a CR1 precinct, the minimum lot size is 450m² for front lots and 600m² for rear lots (excluding the accessway to the rear lot). It’s possible to subdivide to 400m² front lots if the area or street already has many lots of this size, although this requires further investigation and is not guaranteed.

The minimum lot size for a CR2 precinct is 300m² for front lots and 450m² for rear lots (excluding the accessway to the rear lot).

Generally, pre-1947 houses must be retained unless they meet the very narrow test for removal. It’s not an automatic assumption that all houses in this zone are protected. Only those constructed before 1947 are potentially protected. A detailed investigation is required to determine if removal or relocation is possible.

What does this mean if your lot has a protected house on it? It means that we need to carry out further investigations of whether it is possible to subdivide around that house by relocating it within the site – ensuring it remains at the road frontage as it cannot be moved to the rear lot.  Some opportunities like height-restricted easements or light and air easements may allow you to put boundaries close to the house and facilitate a subdivision.

Demolition of parts of pre-1947 houses is difficult. There are circumstances where side verandahs have been installed after 1946 meaning that this component of the house could be removed, but this should not be assumed as in our experience it is the rare exception that this is the case. Council considers side verandahs or sleepouts to be integral components of these pre-war houses.

• LMR (two-storey mix zone precinct): Minimum lot size for front lots is 260m² and 350m² for rear lots (excluding the accessway to the rear lot).
• LMR2 (two or three-storey mix zone precinct): Minimum lot size for front lots is 260m² and 350m² for rear lots (excluding the accessway to the rear lot).
• LMR3 (up to three-storey zone precinct): Minimum lot size for front lots is 180m² and 350m² for rear lots (excluding the accessway to the rear lot).

These zones are intended for larger multiple dwellings (five storeys and up). Council prefers they be preserved at higher land sizes (800m² and above).

• Biodiversity: Council will want the mapped vegetation retained, which may increase or maintain Bushfire risk. It should not be assumed that trees can be removed to facilitate subdivision. 
• Bushfire: A BAL (Bushfire Attack Level) assessment is required to determine the bushfire risk to a dwelling. The higher the BAL the higher costs associated with the build. The reason for this is that you will be required to construct with more flame retardant materials which are more expensive.
• Coastal Hazard: This is a type of flooding. It is triggered in coastal areas where sea level rise and storm surge may result in flooding of a property. Unlike other types of flooding the Council allows you to fill in this overlay provided you are not worsening the flooding on surrounding properties or roads. Filling may be needed to achieve flood immunity (2.5m AHD level) and a hydraulic report may be required to ensure no flood issues. You may therefore need to account for earthworks and retaining walls in your feasibility.

This overlay protects houses constructed before the end of 1946. We summarise this and just say before 1947. These houses must be retained unless they meet the narrow criteria for removal. Houses can usually be relocated within the block but must stay on a single lot at the road frontage and meet required fire rating requirements triggered by boundary setbacks. Side boundary setbacks are typically 1m measured to the wall to avoid having to replace materials on the elevations of these houses to achieve fire rating. Council does not typically support the removal of the original weatherboard/fabric to facilitate fire rating. There are other solutions including easements however this requires a more detailed assessment.

If the land falls to the street, services are likely in the street and might only need upgrades. If the land falls away from the street, you’ll need further investigations to determine where the sewer and stormwater lines are located. If they’re on your site, you’ll need to confirm if they have sufficient capacity to cater to the extra demand created by the new lot (and anticipated development on that lot).  If there is only a minor fall (less than 1m), you may be able to introduce fill to the site to get it to fall to the street. You’ll need to account for the cost of this in your feasibility.

If the lot falls to the rear by more than 1m, you’ll typically need to introduce a fair amount of fill and retaining walls. The issue becomes not only cost but also loss of land. Where your walls are more than 1m, Council will typically ask you to step or terrace the wall 1m. This means that you then lose that land as “developable”. Suddenly, your 10m wide lot may become 9m wide, making building new houses more difficult.

Where lots fall away from the street you must confirm the location of sewer and stormwater connections. These may be in adjoining lots which will mean obtaining consent from that adjoining owner and in our experience this is difficult. Council won’t accept a pump solution or rubble pit for dwelling houses meaning you need a gravity feed.

If your lot is downhill from a property that falls to the rear, Council will likely impose a condition of your development to require that your site provide an easement and pipe for that upstream property to allow it to be developed in the future. The costs associated with this are not reimbursed by Council, you as the developer will have to bear the cost. 

If the land is flat, you may need to introduce fill to get sufficient fall to infrastructure. You’ll need to speak with a Civil Engineer to determine whether this is feasible.

The infrastructure charges are currently about $32,000 but are subject to change. This cost is split between Urban Utilities and Council. It is the calculated cost for increased network demand (roads, parks, sewerage treatment plants, etc.). You get a credit for the existing lot, so the charge is based on new demand.

It is important to note that this Infrastructure charge is not for your own individual lot connections, that is separate and you will need to pay for that as part of carrying out the development.