Skip to content

2.3.1 Zoning Overview

Section 1252 (Condominium Development)

Information for this section is derived from the LAKE BENNETT (LAND TITLE) ACT 2005.pdf. The Articles of Corporation for Units Plan 97/026 (see Articles_200520.pdf) provide additional specific rules and covenants applicable to this section.

  • Permitted Use: With consent, Section 1252 may be used only for a condominium development (Schedule 5, Part 2, Clause 12(1)).
  • Dwelling Limit: No more than 64 dwellings (Schedule 5, Part 2, Clause 12(1)). Development Permit DP04/0022 allows for up to 15 new dwellings in addition to the existing 49.
  • Building Specifications:
    • Height: All development must be single storey (Schedule 5, Part 2, Clause 12(2)(a)). Maximum building height is 5m (Schedule 5, Part 3, Clause 16(3)(b)).
    • Style (New Dwellings): Must be similar in style, height, and building materials to existing dwellings on units 17 to 54 (inclusive) (Schedule 6, Condition 4).
    • Separation (New Dwellings): Must provide a separation of at least 3m between dwellings (proposed and existing) (Schedule 6, Condition 3).
    • Setbacks (New Dwellings): A 5m setback from the access driveway is required for new dwellings (Schedule 6, Condition 3). The general 10m boundary setback for other lots (Schedule 5, Part 3, Clause 21(2)) does not explicitly apply to Section 1252 development under its specific clauses.
    • Flood Level (New Dwellings): Floor level must be a minimum of 200mm above the one-in-one-hundred-year flood level (Schedule 6, Condition 5).
    • Air Conditioning (New Dwellings): Condensers are to be appropriately screened from public view and located so as to minimise thermal and acoustic impacts on neighbouring properties (Schedule 6, Condition 6).
    • Additional Specifications (from Articles of Corporation, Units Plan 97/026):
      • Corporation Approval: All improvements (including buildings, verandahs over Lake Bennett, and landscaping) require submission of plans and specifications to, and approval by, the Corporation (Article 5.1).
      • General Design & Aesthetics: Improvements must be of high standard, not detrimental to the amenity of other units, and harmonious with the landscape in bulk and form (Article 5.2.1).
      • Uniformity: Construction must be in sympathy with other existing and proposed improvements, considering siting, alignments, footpaths, verandahs, finishes, and roofing (Article 5.2.2).
      • Roofing Materials: Roofs must use materials with an exterior surface that does not have high light reflective qualities and is of a colour that blends with the landscape (Article 5.2.3).
      • Height Clarification: Improvements shall not exceed one storey or 5 metres in height, unless otherwise approved by the Corporation (Article 5.2.4).
      • Side Setbacks: Improvements must be constructed at least 1.5 metres from each side boundary (Article 5.2.5).
      • Driveways and Footpaths: Must use interlocking concrete block pavers or concrete (Article 5.2.6).
      • Shadecloths and Awnings: No shadecloth structures or external blinds/awnings are permitted without written consent from the Corporation (Article 5.2.8).
  • Utility Requirements:
    • Waste Water: All waste water and septic facilities must be sited at least 100m from the full supply level of the lake, or outside its catchment, and designed so that no effluent flows into the lake (Schedule 5, Part 2, Clause 12(2)(b)). This is further reinforced by Article 6 of the Articles of Corporation (Units Plan 97/026) which prohibits any discharge of sewerage, waste, or fertiliser into Lake Bennett from a Unit. New dwellings must be connected to the effluent disposal system that services the existing unit development (Schedule 6, Condition 7).
    • Water Supply: New dwellings must be connected to a reticulated potable water supply (Schedule 6, Condition 8).
    • Easements: Any developments on or adjacent to any easements on site must be carried out to the requirements and satisfaction of the relevant service authority (Schedule 6, Condition 9).
  • Restrictions:
    • Domestic Livestock & Pets: Domestic livestock must not be kept, exercised or trained on the land (Schedule 5, Part 2, Clause 12(2)(c)). However, each Proprietor is allowed to keep one domesticated pet on their Unit, provided it is kept on a leash while on common areas and does not create a disturbance to other Proprietors (Articles of Corporation, Units Plan 97/026, Article 11).
  • Associated Rights & Features (as per LAKE-BENNETT-LAND-TITLE-ACT-2005):
    • Pontoons: The owner of an existing or proposed unit on section 1252 may, subject to the terms of the recreational easement, construct one pontoon on or partly on section 1255 (Schedule 5, Part 2, Clause 10(2)(c)).
    • Common Property: Section 1252 is the common property for the Lake Bennett units plan (Section 10(2)(c) of the Act). An easement benefits each of the adjoining lots and created section 1254 and burdens the common property easement area (part of created section 1252) for recreational purposes (Section 11(1)(a) of the Act & Schedule 3).
  • Governing Development Permit: Development Permit DP04/0022, issued under section 21 of the Lake Bennett (Land Title) Act 2005, outlines specific conditions for the development area within Section 1252, particularly for the construction of new dwellings.

Version Control

Version Date Description
1.0 2025-10-06 Initial Release

Next Review Date: 2026-04-06