This will help with the lodgement and determination of combined Development Applications (DA) and Construction Certificates (CC) for Dwellings (Houses only) on unregistered allotments that are pending registration of a Subdivision, generally in new urban release areas. DAs for dual occupancies and secondary dwellings will not be accepted.
The lodgment of an application on unregistered land will only be accepted by Council if it satisfies the above requirements as well as the following criteria:
A DA for a Dwelling House which forms part of the future Exhibition Village can only be lodged if it meets the above policy requirements and criteria and also have an existing DA for the overall use of land as an Exhibition Village approved.
The following information is always required to support the lodgment of a combined DA and CC Application:
The following condition of development consent (or similar) will be imposed on any Development Consent issued by Council for a Dwelling House on unregistered land. “Prior to the occupation / use of the Dwelling House and prior to the issue of any Occupation Certificate for the Dwelling House, evidence obtained from the NSW Land Registry Services that the individual allotment has been registered, shall be submitted to the nominated Principal Certifier, being Council)”. This condition will be imposed to ensure that the proposed Dwelling Houses are not occupied / used prior to the proposed allotments being registered, as this is the planning vehicle to achieve permissibility.
In some instances, developers seek subdivision consent of a proposed lot that is either not approved by way of a DA on the parent lot, and/or is an unregistered lot. Council will not accept a DA for subdivision of a proposed lot where that lot has not be approved by the Council through the development assessment process. Council will also not accept a DA for subdivision only on an unregistered lot. Council will however accept a staged subdivision application in place of subdivision of unregistered lots in order to holistically consider related applications of the same site. i.e. Stage 1 could be seeking consent for a boundary adjustment of say Lot 1 DP XXXX creating proposed Lot 1000 and proposed Lot 2000. Stage 2 seeks consent for the subdivision of proposed Lot 1000 creating 40 lots including one residue lot 3000. Stage 3 seeks consent for the subdivision of residue Lot 3000.