New South Wales Consolidated Regulations

MUSWELLBROOK LOCAL ENVIRONMENTAL PLAN 2009 - REG 2.6

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.