Amending our Local Environment Plan: next steps

Published Date
19/04/2018
News Topic
Planning & Development
Dual occupancies next steps

Randwick Council has resolved to amend its Local Environmental Plan (LEP) to allow the subdivision of existing attached dual occupancies (development consents approved prior to 6 July 2018) in accordance to the subdivision provisions contained in the NSW Department of Planning and Environment’s Low Rise Medium Density Code.

This means that, if you have an existing attached dual occupancy (or development consent issued prior to 6 July 2018) on a lot size of 450sqm or more you may apply for strata subdivision of the lot provided that each resulting lot has a minimum frontage of 6m and a minimum strata area (on the ground floor) of 180sqm. If you have an existing attached dual occupancy on a lot size of 480sqm or more you may be eligible for Torrens title subdivision provided that each resulting lot has a minimum lot size of 240sqm or more and a minimum frontage width of 6m or more. Other conditions may also apply subject to the legal drafting of the proposed amendment to the LEP.

The bullet points below provide a summary of the process following the Council’s endorsement to amend Randwick LEP (RLEP) 2012 including lodging a development application for subdivision including certification following the amendment to RLEP being made.

Planning process

  1. Council resolves to amend RLEP 2012 and to submit a draft Planning Proposal to the Greater Sydney Commission (GSC) or delegate Department for Planning and Environment (DPE) for ‘Gateway’ Determination (approval to proceed with the exhibition of the planning proposal);
  2. Planning Proposal prepared and submitted to the DPE;
  3. DPE issues a ‘Gateway’ Determination (allows the Council to place the proposal on public exhibition);
  4. Planning Proposal placed on public exhibition;
  5. Council consideration of the Planning Proposal involving all public submissions;
  6. Council resolves to support the Planning Proposal and may then direct the DPE to make the LEP (with or without variations) or decide not to make the proposed LEP;
  7. Should the Council proceed to make the proposed amendment to the LEP, the draft planning proposal is submitted back to the DPE for consideration and Legal Drafting (by Office of Parliamentary Counsel);
  8. Plan provided for notification (making into legislation);
  9. Amendment made into law;
  10. Only once the amendment to the LEP is made into law can a development application be lodged with the Council seeking development consent to subdivide in accordance to the new provisions in the LEP.
  11. After a determination for approval, the applicant then applies for a subdivision certificate. Subdivision certificates for deposited plans of subdivision (Torrens Title) must be issued by Council and cannot be issued by an accredited certifier. Strata subdivision certificates may be issued by Council or an accredited certifier;
  12. The plan of subdivision is then registered with the NSW Land and Property Information.
Last Updated: 1 March 2022
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