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Local Environmental Plans

 

Advisory Note - Dual Occupancy and Torrens Title Subdivision

A single development application for the erection of a dual occupancy and Torrens Title Subdivision will no longer be accepted by Council.

Clause 4.1B (2) of the Hurstville Local Environmental Plan 2012 states:

"4.1B Exceptions to minimum lot size for dual occupancies

(1)....

(2) Development consent may be granted to the subdivision of land into 2 lots if:

(a) there is a dual occupancy on the land, and

(b) after the subdivision, 1 dwelling will be located on each of the resulting lots".

This clause requires that a dual occupancy must exist on land at the time development consent is granted for Torrens Title Subdivision.

Consequently:

  • A separate development application is required for the dual occupancy development and Torrens Title Subdivision; and
  • The development application for the Torrens Title Subdivision can only be lodged and determined after an Occupation Certificate has been issued for the dual occupancy development.

This change is to take effect from Wednesday 13 May 2015.

 

A Local Environmental Plan (LEP) is a legal document that controls land use and development for a local government area.

Hurstville Local Government Area (LGA) currently has two LEP’s, Hurstville LEP 2012 and the Hurstville LEP 1994.

Land use zones

Land in Hurstville City is zoned according to the types of development that can occur in each area. Specific land uses are either permissible or prohibited in each land use zones.  Some uses are permissible in one or more zones, while others are not permitted in any zone.

To determine the zoning that applies to specific land parcels, you can examine an LEP map or obtain a Planning Certificate, which includes the planning restrictions that apply to that particular parcel of land.

If you are buying property to develop or improve, it is critical that you identify its zoning requirements by obtaining a Planning Certificate.

Permitted and prohibited developments

Once you have determined the land use zone you can then determine what types of development are permissible and prohibited, by reviewing the land use table in the LEP.

The land use table indicates if development:

  • can be carried out without development consent
  • can be carried out, but only with development consent
  • is prohibited.

If the proposed development is prohibited, Council cannot consider granting development consent. Further, not even the Land and Environment Court can grant consent.  The prohibition is legal and can only be overcome by rezoning the land.

More information

Read the Hurstville Local Environmental Plan 2012

Read the Hurstville Local Environmental Plan 1994

Link to Planning Proposals currently on exhibition. 

Apply for a Planning Certificate

Examine Planning maps

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