Subdivisions

Several types of land subdivision can be done as exempt development under the policy. These include:

• widening a public road
• creating a public reserve
• removing land from a lot that is intended to be used for public purposes, such as a drainage reserve or for public amenities
• subdivision to correct an encroachment on a lot.

These subdivisions only need to be for the purpose stated and no extra requirements or development standards apply.  

Realignment of boundaries  

A realignment of the boundaries between 2 or more lots is another type of subdivision which is specified as exempt development. These subdivisions must, however, meet the following requirements:

• The subdivision cannot be carried out on the site of any heritage item or draft heritage item listed in an environmental planning instrument (EPI) or draft EPI.
• It cannot create additional lots or any opportunity for additional dwellings.
• It must not make any lot smaller than the minimum size specified in an EPI, unless the lot is already under the minimum size and the boundary realignment increases its size.
• Realignment of the boundaries must not increase the fire risk to existing buildings.
• It also must not interfere with the provision of existing services on the lot. For example, if moving the lot boundary means the lot will no longer comply with the Building Code of Australia, or it affects the water supply or drainage to a lot, an easement may be necessary, or additional works to the affected building or drainage may be necessary.
• If the land is in a rural RU5 zone or any residential, commercial or industrial zone, any boundary adjustment must not change the area of any lot by more than 10% from the current size.
• If the land is located in a rural RU1, RU2, RU3, RU4, RU6 zone or any environmental zone, the boundary adjustment must not make more than a minor change to the area of any lot.

For the full development standards, see Subdivision 38.

Section 6.15 certificates

Before registering the plan of subdivision (sometimes referred to as the linen plans) with the Land Titles Office, the relevant local council must still endorse the plans under section 6.15 (previously section 109J) of the Environmental Planning & Assessment Act 1979.

Some councils will request information to show that the requirements for exempt development have been met. However, where the subdivision meets the requirements, the council cannot require applicants to lodge a development applicant for the subdivision. The council also cannot withhold their approval for the section 6.15 certificate.

Strata subdivision allows you to divide land into 2 or more new strata lots that can be disposed of separately. The policy allows the strata subdivision of a building or separate building into strata lots as complying development.

Commercial offices, business, industrial and retail buildings, and residential buildings can all be strata subdivided as complying development.

Residential buildings that can be strata subdivided as complying development include townhouse developments, apartment buildings, residential flat buildings and multi-dwelling housing (three or more dwellings at ground level on the same lot).

Subdividing a dual occupancy (2 dwellings on one lot) is not complying development under the policy.

Development standards

For strata subdivision of a building, the subdivision is permissible only within 5 years of a development consent being granted, or a complying development certificate being issued for the building. The subdivision must follow all the conditions of the development consent or the complying development certificate applying to the development. For the full development standards see Part 6.

Note: The strata subdivision of a building may require the approval of other authorities. Owners must gain all approvals that are required. These approvals may be found in the registered interests on the land, the Strata Schemes Management Act 2015 and the Strata Schemes Development Act 2015.