Do I need approval for a subdivision?

Yes, you need approval for a Subdivision. 

What is a Subdivision? 

The Subdivision of land involves either establishing new lots (parcels of land) or modifying the dimensions of an existing lot by adjusting its property boundary. This action results in the issuance of a new Title for each newly created lot, which can subsequently be recorded with the NSW Land Registry Services.

Before you start

Subdivision applications are complex and it is recommended you engage a professional consultant to assist with this type of application.

Refer to the minimum lot size maps NSW Planning Portal Spatial Viewer.

Find out the size of the existing lot (from the DP or survey) and confirm each new lot in a subdivision will need to meet the prescribed min lot size

Subdivisions to consider other site constraints (eg bushfire; slope; land slip; vegetation; flooding; drainage; available building footprint etc etc) – which may impact the subdivision potential even if min lot sizes can be achieved.

There are several other WLEP 2010 clauses (eg 4.2B, 4.2C, 4.2D) – which may provide subdivision potential even if min lot sizes cannot be met

This area of planning is usually not straight forward, and can’t always be answered as a general enquiry, so customers should seek a town planning consultant/registered surveyor etc to assist with site-specific enquiries or how to prepare a DA.

General guidance on ability to subdivide under clause 4.1 (explanation of minimum lot size), along with additional guidance on subdivisions under clauses 4.2. 4.2A-4.2F and clause 7.2.

Access standards: making clear the requirement for carriageway and reserve widths for access handles. Most people don’t know to look up the standard engineering drawings, let alone how to understand them.

You may be able to apply for a Complying Development Certificate or a Development Application.

Do I qualify for a Complying Development Certificate?

Complying Development Certificate may be issued for your Subdivision for land zoned if the proposal meets all the relevant development standards. 

A Complying Development Certificate can be issued by Council or a Private Certifier and the application for a Complying Development Certificate must be submitted via the NSW Planning Portal.

You can use the Subdivisions Code to check whether your proposal is complying development. 

If your proposal does not meet all of the standards you must lodge a Development Application.


I need a Development Application (DA). What do I do?

If your proposal does not qualify as Complying Development, you will need to lodge a Development Application with Council via the NSW Planning Portal.

Only some land has subdivision potential.

Council’s Wingecarribee LEP 2010DCP’s and policies set down minimum lot sizes and other requirements for subdivision.

The ability to subdivide land is contingent on many factors including, but not limited to, size, drainage, access and services.

Due to the complexity involved Council recommends engaging a suitable professional to assist in understanding the requirements for Subdivision and to assist in preparing your application. Council staff are not able to offer a consultancy service.

The NSW Department of Planning, Industry and Environment has a useful guide to the DA process

Telecommunications in New Developments Policy

In September 2020, Commonwealth legislation requiring developers to give new housing developments better access to modern telecommunications came into effect.

If you are a developer or owner-builder, there are important Commonwealth telecommunications rules  you need to comply with.