Under the Environmental Planning
and Assessment Act 1979 subdivision is a form of development that requires
approval. Approval is given in the form of a Subdivision Certificate.
An application for a Subdivision
Certificate is required whether or not the subdivision involves building works.
If a subdivision does involve works, a Construction
Certificate is also required prior to the commencement of the building
works.
A Subdivision Certificate can be issued by Council.
Please note that the actual requirements for subdivision (e.g.
width, frontage and block size) are set out within the Lane
Cove Local Environmental Plan.
HOW DO YOU
OBTAIN A SUBDIVISION CERTIFICATE?
Obtaining a Subdivision Certificate at
Lane Cove Council is a two-stage process:
Stage 1. Lodging a Development Application
To
obtain a Subdivision Certificate you must lodge a development application. The
process for lodging a development application is set out below. A Development
Application Guide has also been developed by Lane Cove Council that explains the
steps
in preparing and lodging a development application.
If your development application is successful, Council grants a
development consent. This consent will be subject to certain conditions. You
will be required to comply with all the conditions of the development consent,
including completion of any building works, before the Subdivision Certificate
can be issued.
Stage 2. Lodging Linen Plans
Once you can
demonstrate that you have complied with all the relevant conditions of consent
you are required to lodge your linen plans with Council (or an Accredited
Certifier).
If applying to Council, complete the Application for a Subdivision
Certificate.
Depending on the nature of the subdivision you may be required to
lodge additional information with your linen plans. For example, a certificate
of compliance from Sydney Water may be required if the subdivision involves the
creation of new lots. The full requirements for lodging linen plans are set out
below.
Upon receiving and processing all relevant information Council
will issue you with a Subdivision Certificate.
WHAT IS
REQUIRED WHEN LODGING A DEVELOPMENT APPLICATION?
The following information
must accompany a development application for subdivision:
Please note that the checklist forms a part of your application to
Council. Take the time to read the information sheets then complete the
checklist fully and accurately so that no unnecessary delays will occur in
receiving and processing your application.
Owners consent: Consent from all the registered
owners is required. If there is more than one owner, every owner must sign. If a
company owns the property, the application form must be signed by an
individual acting with the company’s authority
If the property is under a Strata title or a lot in a
Community title, then in addition to the owner’s signature, consent of the body
corporate is required.
WHAT
INFORMATION IS REQUIRED WHEN LODGING YOUR FINAL LINEN PLANS?
The following information must be
submitted with your linen plans:
- Plan of
subdivision/strata: The original plan of subdivision prepared by a
qualified surveyor and five (5) copies of the original plan.
- Development consent or a Complying Development
Certificate: Development consent or a Complying Development Certificate
and confirmation that all relevant conditions of consent have been satisfied.
- Deferred commencement consent: For a deferred
commencement consent, confirmation that the applicant has satisfied Council on
all matters before it can operate (if required).
- Section 88 Instrument: Any plans which propose
easements, rights of way, covenants or the like that are to be created under
Section 88 of the Conveyancing Act, must be accompanied with an Instrument
prepared under the Conveyancing Act.
- Community Management Statement: A Community
Management Statement is required to be submitted with a Community title
subdivision application.
- A certificate of compliance: A certificate of
compliance (Section 73 Certificate) from Sydney Water for the subdivision of
land subdivision into Torrens title.
- Subdivision works: For subdivisions involving
subdivision works, evidence that:
- The works have been completed, or
- An agreement has been reached with Council regarding payment for
the costs of works or as to the time required for carrying out of the work, or
- A form of security has been given to Council for the completion
of required works.
LODGEMENT INFORMATION
Fees
Fees will be determined by Council and
may be paid in cash, by cheque or with a credit card (MasterCard and VISA only).
You may also pay by credit card by mail or fax by using our Credit Card Payment
Authorisation form. If you wish to know the fee prior to lodgement, contact
Council’s Customer Service Centre on 9911 3555.
Further Information
If you require further
information on lodging an application, a Duty Planner may be contacted on 9911 3555 between 8:30am - 4:30pm, Monday to Friday.
