New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - SCHEDULE 6B

SCHEDULE 6B – Conditions applying to complying development certificates under the Subdivisions Code

(Clause 6.6)

Note 1 : Complying development under the Subdivisions Code must comply with the requirements of the Act, the Environmental Planning and Assessment Regulation 2000 and the conditions listed in this Schedule.

Note 2 : Division 2A of Part 7 of the Environmental Planning and Assessment Regulation 2000 specifies conditions to which certain complying development certificates are subject.

1 Evidence of certain matters relating to services and works

(1) Sufficient evidence must be provided to the principal certifier before the subdivision certificate for the site is obtained to reasonably satisfy the person of the following--

(a) each new lot on which there will be a dwelling will be adequately serviced with water, sewerage, electricity, natural gas (where available) and telecommunications,

(b) an occupation certificate for any new building or part of a building to which this Schedule relates has been obtained.

(2) A survey certificate prepared by a registered surveyor that certifies that the services to each lot are located on the lot or on appropriate easements must be provided to the principal certifier before the subdivision certificate for the site is obtained.

(3) After the completion of the subdivision works and before the subdivision certificate for the site is obtained, copies of the plans approved in relation to the issue of the complying development certificate are to be provided to the principal certifier that--

(a) are marked in red to show how the works as executed depart from those approved plans, and

(b) are certified and dated by a registered surveyor or design engineer.

2 Boundary fencing

Fencing must be provided along all property boundaries located behind the building line before the subdivision certificate for the site is obtained.

Note : See the Dividing Fences Act 1991 for requirements in relation to boundary fences.

3 Easements for stormwater drainage

(1) Evidence that any stormwater pipelines that are on lots other than the lots that they benefit are on appropriate easements must be provided to the principal certifier before the subdivision certificate for the site is obtained.

(2) An easement is appropriate for the purposes of this clause if--

(a) it was created (by registration of an instrument under Division 1 of Part 7 of the Real Property Act 1900 ), and

(b) its location was approved by the council, and

(c) it has a minimum width of--

(i) if the diameter of the stormwater pipeline is less than 350mm--1m, or

(ii) if the diameter of the stormwater pipeline is 350mm or more and no more than 1.4m--2.4m, or

(iii) in any other case--the diameter of the stormwater pipeline plus 1m.

4 Common driveways

If lots share a common driveway, rights of carriageway over that driveway to the benefit of each of those lots must be created.

5 Plan of subdivision

(1) The plan of subdivision that is to be lodged with the Registrar-General and an instrument under section 88B of the Conveyancing Act 1919 must be provided to the principal certifier before the subdivision certificate for the site is obtained.

(2) The principal certifier must not issue the subdivision certificate unless the instrument and plans properly reflect the consent including the conditions to which the complying development certificate is subject.