421 Private open (1) If— allotment is in a zone of a planning scheme specified in Schedule 5; and Schedule to that zone in the planning scheme specifies a minimum area and dimension for private open space— a Class 1 building on that allotment must have private open space of at least the area and dimension specified in that Schedule. (2) If subregulation (1) does not apply, a Class 1 building on an allotment must have private open space of not less than 80 m2 or 20% of the area of the allotment, whichever is the lesser. (3) For the purposes of this regulation, the private open space must include an area at the side or rear of the building— is at 25 m2 with a minimum dimension of 3 m; and has convenient access from a habitable room (other than a bedroom). (4) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. Division 3—Siting of Class 10a buildings
421 Private open (1) If— allotment is in a zone of a planning scheme specified in Schedule 5; and Schedule to that zone in the planning scheme specifies a minimum area and dimension for private open space— a Class 1 building on that allotment must have private open space of at least the area and dimension specified in that Schedule. (2) If subregulation (1) does not apply, a Class 1 building on an allotment must have private open space of not less than 80 m2 or 20% of the area of the allotment, whichever is the lesser. (3) For the purposes of this regulation, the private open space must include an area at the side or rear of the building— is at 25 m2 with a minimum dimension of 3 m; and has convenient access from a habitable room (other than a bedroom). (4) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. Division 3—Siting of Class 10a buildings
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