New South Wales Consolidated Regulations

WILLOUGHBY LOCAL ENVIRONMENTAL PLAN 1995 - REG 33

33 Subdivision

(1) Despite any other provision of this plan, the Council may, except as provided by subclauses (2) and (8), consent to a subdivision which creates separate titles for each dwelling comprising a dual occupancy but only if a period of 5 years has elapsed since the last date on which an occupation certificate was issued in respect of those dwellings.

(2) The subdivision (whether or not by a strata plan or under the Community Land Development Act 1989 ) of a dual occupancy resulting from development described in clause 27 (1) (a) is prohibited if the subdivision would create separate land titles for each dwelling comprising the dual occupancy.

(3) This clause does not allow an allotment of land created by such a subdivision or a building erected on such an allotment to be further subdivided, but only subclause (2) prohibits a subdivision of land on which a dual occupancy is situated if it is allowed by another provision of this plan.

(4) The floor space ratio of each dwelling to the allotment created by such a subdivision is not to exceed 0.4:1.

(5) For the purpose of enabling dual occupancy development (including the subdivision of land on which a dual occupancy is situated) to be carried out in accordance with this plan:

(a) clauses 53 (1) and (2), 54 (1) and 61 (1), (2) and (3) of the Local Government (Approvals) Regulation 1993 , and

(b) section 37 of the Strata Titles Act 1973 and section 66 of the Strata Titles (Leasehold) Act 1986 ,

do not apply to that development to the extent necessary to serve that purpose.

(6) Before this clause was made, the Governor approved of subclause (5) pursuant to section 28 of the Act on the recommendation of the Minister, made with the concurrence in writing of:

(a) the Minister for Local Government in so far as that subclause relates to the Local Government (Approvals) Regulation 1993 , and

(b) the Minister responsible for administration of the sections referred to in subclause (5) (b), in so far as that subclause relates to those sections.

(7) In assessing the subdivision of a dual occupancy, the Council must consider whether:

(a) adequate provision is made for:

(i) arrangements for the removal and disposal of waste from each dwelling, and

(ii) the supply of water to and the disposal of sewage and stormwater from each dwelling, and

(iii) the privacy of the occupants of each dwelling in the proposed dual occupancy and in any adjacent development, and

(iv) access to natural light for each dwelling in the proposed dual occupancy and in any adjacent development, and

(b) there is a demonstrated need for and, if so, whether adequate arrangements have been made for:

(i) access for the purposes of maintaining services and buildings, and

(ii) off-street car parking.

(8) Despite subclause (1), the Council may consent to the subdivision of a dual occupancy before the period of 5 years has elapsed since the date of issue of the occupation certificate concerned if:

(a) the application for consent for the subdivision of the dual occupancy was made but not finally determined before the commencement of Willoughby Local Environmental Plan 1995 (Amendment No 27) , or

(b) the application for consent for the dual occupancy development was made but not finally determined before the commencement of Willoughby Local Environmental Plan 1995 (Amendment No 27) , or

(c) the consent for the dual occupancy development was granted before the commencement of Willoughby Local Environmental Plan 1995 (Amendment No 27) .

(9) When determining an application allowed to be made by subclause 8 (a) or (b), the Council must consider:

(a) any environmental planning instrument in force in respect of the land concerned at the date of the lodgement of the application, and

(b) the aims and objectives of this plan.