New South Wales Consolidated Regulations
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LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2014 - REG 2.6
Subdivision--consent requirements
2.6 Subdivision--consent requirements
(1) Land to which this Plan applies may be subdivided, but only with
development consent. Notes--: 1 If a subdivision is specified as exempt
development in an applicable environmental planning instrument, such as this
Plan or State Environmental Planning Policy (Exempt and Complying Development
Codes) 2008 , the Act enables it to be carried out without development
consent.
2 Part 6 of State Environmental Planning Policy (Exempt and
Complying Development Codes) 2008 provides that the strata subdivision of a
building in certain circumstances is complying development.
(2) Development
consent must not be granted for the subdivision of land on which a secondary
dwelling is situated if the subdivision would result in the principal dwelling
and the secondary dwelling being situated on separate lots, unless the
resulting lots are not less than the minimum size shown on the Lot Size Map in
relation to that land. Note--: The definition of
"secondary dwelling" in the Dictionary requires the dwelling to be on the same
lot of land as the principal dwelling.
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