Given provisions in the Code only refer to minimum lot size controls in an applicable LEP, it is possible for the smallest minimum lot size control to be used regardless of whether other criteria in the LEP is met. This is because the Code does not refer to this criteria, only the lot size requirement. 

What this means is that although the LEP currently sets a minimum lot size control of 1100 square metres for dual occupancies if they are detached, a complying development under the Code could utilise the 720 square metre minimum lot size for the development of a detached dual occupancy. This is because of clause 4.1B(3), which allows development of attached dual occupancies on lots as small as 720 square metre if one dwelling not have a gross floor area exceeding 100 square metres. 

To remove what is a loophole for development to occur under the Code on lots smaller than intended by the LEP, this planning proposal firstly seeks to introduce a single consistent minimum lot size of 1000 square metres for dual occupancies. While this may remove the current ability to develop attached dual occupancies on some lots, it will expand where detached dual occupancies can be built (which are more commonly sough in this LGA). This is a compromise between maintaining opportunities for housing diversity under local controls and minimising the impacts of the Code. 

The other element of this proposal is to introduce a minimum lot size for multi-dwelling housing and manor homes as there are no controls for these uses in the Blue Mountains LGA. The absence of a minimum lot size control and the implementation of the Code could result in terrace houses on lots as small as 600 square metres with a frontage of only 18 metres. Council has indicated this would be an undesirable outcomes, as it would be inconsistent with the objectives of the zones specified for the purpose of multi-dwelling housing.