Where Can I Subdivide in NSW

Where Can I Subdivide in NSW

November 20, 2020

If you’re looking to subdivide, it’s best to seek advice from the experts at Subdivision Certifiers. To help you get started, here are a few useful pieces of information that can help. Alternatively feel free to reach out to one of our subdivision advisors for more information on your next subdivision project.

What do I need to consider through the subdivision process?

There are several important factors that must be considered when determining whether a site is suitable for subdivision. These include, but are not limited to:

  • Zoning and land use objectives;
  • Physical constraints such as bushfire, flooding, geotechnical issues, sea level rise, and mine subsidence
  • Lot configuration;
  • Access;
  • Availability of public utilities, including water, sewer, electricity and roads;
  • Restrictions on the use of land, such as easements;
  • Loss of environmental quality, including removal of vegetation or impact on watercourses;
  • Heritage implications;
  • Solar efficiency of proposed allotments; and
  • Development potential.

Obtaining Subdivision Approval

A subdivision will require either development consent or complying development approval if it meets the relevant criteria contained in the State Environmental Planning Policy (Exempt and Complying Development Code) 2008 (Codes SEPP). The Codes SEPP allow development completed under the Low-Rise Housing Diversity Code (LRHDC) or strata subdivision to be approved as complying development if it meets the relevant standards set out in the subdivision provisions of the Codes SEPP. For the low-rise, refer to our webpage to provide information about the LRHDC.

The content of statutory planning instruments at regional, sub-regional, and local levels will generally apply to most subdivisions that occur. These include:

  • Environmental Planning and Assessment Act 1979 (EP&A Act) and Environmental Planning and Assessment Regulation
  • The Environmental Planning and Assessment Act (EP&A Act) provides the overarching statutory framework for planning in NSW.
  • State Environmental Planning Policies (SEPP)
  • State Environmental Planning Policies contain planning controls for certain areas or types of development, and they also specify the development assessment system that may be applicable to the proposal. This is particularly important when it comes to complying development and the low-rise housing diversity code
  • Local Environmental Planning Policies (LEPP)
  • Local Environmental Plans (LEPs) contain planning controls for the local areas. They do this through various controls and legal requirements, which provide a legal structure for development.
  • Development Control Plans (DCP) and other guidelines

DCP and other guidelines are non-statutory document that provide specific controls for development within the LGA that must be taken into consideration

What is a local environmental plan, and why is it particularly important to all sites?

An LEP guides planning decisions for local government areas. Local councils do this through zoning and development controls, which provide a framework for the way land can be used. LEPs are the main planning tool to shape the future of communities and ensure local development is done appropriately. The code has been designed to work with council LEPs. Dual occupancies, manor houses, and terraces can only be carried out as complying development or through a DA if it is permitted under the council’s LEP.

What is the general approvals process for subdivision?

These are the general steps in the subdivision process that subdivision certifiers can assist with:

  1. Development Application (DA)
    An approval granted to subdivide land is subject to certain conditions.
  2. Subdivision Works Certificate (SWC)
    Approval for works required to complete the subdivision;
  3. Compliance Certificate (inspection of works)
    Approval to confirm the works have been constructed in accordance with a relevant standard or approval.
  4. Subdivision Certificate (SC)
    When all conditions contained in the DA have been satisfied and all necessary works have been completed, a subdivision certificate will be issued, which authorises the registration of a plan of subdivision.

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