Document ID: chunk:federal_register_of_legislation:F2019L01386:clause:2_2:p9
Version: federal_register_of_legislation:F2019L01386
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 9/24)
Character Range: 212085–214896

the site having regard to the potential impact of the use on the residential amenity of adjoining and nearby property and where the combined total number of residents and guests is no more than twelve.

      5.         The consent authority may approve an application for home based visitor accommodation that is not in accordance with sub-clauses 3(e), 3(f), 3(g), 3(h) and 4, only if it is satisfied the proposed home based visitor accommodation is appropriate to the site having regard to the amenity and character of the street and the potential impact of the use on the residential amenity of adjoining and nearby property.

    7.8.2  Caravans
       1. The purpose of this clause is to restrict the use of caravans on land other than land zoned TCJ or FDJ.

       2. Other than in Zones TCJ or FDJ land may be used to provide accommodation in a caravan where the caravan is the only caravan used as a residence on the site and is used:

        (a)      as a temporary residence by the owner of the site;

        (b)      by a dependent of a person occupying a single dwelling on the site;

        (c)       temporarily by a bona fide visitor; or

        (d)      by a bona fide caretaker of the land.

      3.          In this clause, "caravan" includes a tent.

      4.          The consent authority may approve an application for a caravan that is not in accordance with sub-clause 2 only if it is satisfied the proposed caravan is appropriate to the site having regard to the potential impact of the caravan on the residential amenity of adjoining and nearby property.

    7.8.3  Caretaker's Residence
       1. The purpose of this clause is to ensure that:

        (a)      a caretaker's residence is not the primary use of the land; and

        (b)      the caretaker's residential use does not prejudice the use of the site or adjoining land in accordance with its zoning.

      2.          A building or part of a building may be used, constructed or modified for use as a caretaker's residence where:

        (a)      the floor area of the caretaker's residence does not or will not exceed 50m2; and

        (b)      there is or will be only one caretaker's residence on the site.

      3.          The consent authority may approve an application for a caretaker's residence that is not in accordance with sub-clause 2 only if it is satisfied the proposed caretaker's residence is appropriate to the site having regard to the potential impact of the caretaker's residence on adjoining and nearby property.

7.8.4  Independent Units
       1. The purpose of this clause is to ensure than an independent unit does not detrimentally impact on the amenity of adjoining and nearby property and remains ancillary to the single dwelling on a site.

       2. An independent unit