New South Wales Consolidated Regulations New South Wales Consolidated Regulations(Clause 21 (3))
In areas subject to constraints such as flooding, tidal inundation, subsidence, slip, bushfire or any other risk, adequate safe area for building, where the risk from hazard is minimal, is to be provided within an allotment. The minimum building area being the area available for a dwelling house and car accommodation is to be free from all constraints.
Lot boundaries should relate, where possible, to natural land features such as creeks and escarpments.
The subdivision potential of land that may be subject to subsidence or slip is limited. A geotechnical report should be submitted with all proposals for subdivisions in such areas. The level of investigation necessary may be different for varying conditions, namely, scale of development, slope and geological conditions and whether or not sewerage is available for connection. Subdivision should be designed to minimise the risk from land subsidence.
Subdivision of flood-prone land should be avoided.
Provision should be made for each allotment to be drained by gravity to a Council-approved drainage system. The topography of the land should not be altered so as to affect drainage patterns. Stormwater should drain directly to a Council-approved drainage system and not via adjoining properties unless via a formalised interallotment drainage system. The proposed allotments are to be drained to the direction of the natural fall of the land.
The Council will require that any easement, right-of-way, or other restriction that is placed on the title of any land as a requirement of the approval of the subdivision is to be protected by a positive covenant or like instrument with the Council nominated as a party, to ensure that section of land is retained for the designated purpose.
Subdivision should be designed to allow access for motor vehicles on to each allotment of residential land. Driveways/access corridors etc to allotments to be created by subdivision should have a gradient not exceeding 1:4 and allow for transitional grades of 1.5 metres at a grade no steeper than 1:10.
Access should be provided from a constructed and dedicated public road. Where access is proposed to a section of unconstructed public road, then the subdivision will need to provide legal constructed access to the Council’s satisfaction, to a constructed public road.
The following table should be observed as to the width of accessways. The width is exclusive of any area for the provision of services to the lots.
| Number of lots to be serviced | Width of clear constructed accessway (m)* |
| 1-5 | 3.5 |
| 6-10 | 5.0 |
| in excess of 10 | access should be provided by a private or public road constructed with a width that is in accordance with Council standard specifications for engineering works (AUSPEC 1) |
Note: Clear widths exclude fencing and other obstructions.
• Driveways less than 5.0m wide should be widened to 5.0m for a distance of 10m at intervals of not more than 30m.
• Vehicular ingress/egress points to internal lots may be used as passing/turning bays, subject to the extension of the right-of-carriageway.
• As the widths quoted are for straights, this widening should be exclusive of the widening for curves. Any widening for curves should suit the minimum sweep path of the 98th percentile sedan vehicle based on Figure B1 in Australian Standard AS 2890.1-1993 .
• An additional width shall be provided within the right-of-carriageway for services:up to 3 lots-0.5mover 3 lots-1.0m
• Passing bays should be provided in addition to the driveway as determined, having regard to sight conditions and to minimise vehicular conflict.
• Rights-of-carriageway should be located so as to accommodate all vehicle turning facilities.
• Driveways in excess of 200 metres will not be accepted in localities where erection of housing is Category One development.
Subdivisions must provide access for Council service vehicles, emergency vehicles and garbage collection vehicles.
New subdivisions should be designed to minimise the risk from
potential bushfire.
Asset protection zones identified in a bush fire risk management plan in force
under the Rural Fires Act 1997 should be contained within the property
boundaries of the new subdivision.
All design and construction is to be in accordance with the Council’s Specification for Engineering Works and On site stormwater detention policy and technical specification .
In localities where erection of housing is Category One development, the following standards apply to proposed new allotments (other than new allotments proposed pursuant to clause 21 (1) (b)):
(a) Minimum width of 13 metres and a minimum depth of 27 metres. This does not apply to development that is not subject to a maximum density standard as outlined in the relevant Locality Statement or development occurring on the Brookvale Brickworks site in Locality F4-Brookvale Valley.
(b) Minimum building area of 150m 2. Building area excludes driveways.
(c) In calculating housing density, the area of any access corridor (including any right-of-carriageway, access handle, accessway or that provides for vehicular access) is to be excluded, whether such access corridor is to be created or is in existence at the time of application for subdivision.