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Development Control 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 Development Control Plan (DCP) contains detailed development controls that apply to particular types of development and development in particular areas. DCPs are developed in accordance with provisions in Part 3, Division 6 of the Environmental Planning and Assessment Act 1979.

Hurstville City Council’s DCPs refine and supplement the provisions contained in environmental planning instruments such as Hurstville Local Environmental Plan 2012 and Hurstville Local Environmental Plan 1994. There are currently three DCPs that apply to land within Hurstville local government area. They include:

Development Control Plan No.1 – LGA Wide DCP (DCP 1)

DCP 1 applies to all land outside the Hurstville City Centre. Applicants must address the relevant sections of DCP 1 when proposing works within this jurisdiction.

Click here to view Development Control Plan No.1 – LGA Wide DCP.

Development Control Plan No.2 – Hurstville City Centre (Amendment No 6) (DCP 2 – Am. 6)

Applies to land identified as ‘Hurstville City Centre’, excluding land identified as ‘deferred matters’ on the Land Application Map as shown in Appendix 1 of the DCP. The deferred matters include certain land in the Hurstville Civic Precinct, Treacy Street car park and the Westfield site.

DCP 2 – Am. 6 provides the planning controls for commercial, mixed-use and residential development including car parking rates. The plan commences on 24 July 2015.

Click here to view Development Control Plan No.2 – Hurstville City Centre (Amendment No.6).

Development Control Plan No.2 – Hurstville City Centre (Amendment No 5) (DCP 2 – Am. 5)

Applies only to those sites identified as “deferred matters” on the Land Application Map as shown in Appendix 1 of the DCP. The deferred matters include certain land in the Hurstville Civic Precinct, Treacy Street car park and the Westfield site.

Click here to view Development Control Plan No.2 – Hurstville City Centre (Amendment No.5).

Advisory Note - DCP 1

On 7 December 2012 Hurstville Local Environmental Plan 2012 (HLEP 2012) commenced.

The Hurstville Local Environmental Plan 1994 ceases to apply to the land to which LEP 2012 applies, as a consequence of HLEP 2012.

Should there be any inconsistencies between HLEP 2012 and DCP 1, the provisions of LEP 2012 shall prevail. It is intended that the objectives and controls in DCP 1 apply to development to the extent that they are not inconsistent with HLEP 2012.

A copy of the HLEP 2012 and maps can be found at: http://www.legislation.nsw.gov.au/viewtop/inforce/epi+613+2012+cd+0+N/

 

 


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