6Concurrence of Planning Secretary

6 Concurrence of Planning Secretary

6.1 Concurrence of Planning Secretary

(1) Development consent for the subdivision of land in an urban release area must not be granted unless the consent authority has obtained the concurrence of the Planning Secretary.

(2) In deciding whether to grant concurrence, the Planning Secretary must consider the following—

(a) the impact of the subdivision on—

(i) existing designated State public infrastructure, and

(ii) the need for additional designated State public infrastructure,

(b) the cumulative impact of the subdivision with other development that has been, or is likely to be, carried out in surrounding areas on—

(i) existing designated State public infrastructure, and

(ii) the need for additional designated State public infrastructure,

(c) the steps taken to address those impacts, including whether a planning agreement has been, or will be, entered into contributing to designated State public infrastructure.

(3) In deciding whether to grant concurrence, the Planning Secretary must also consult the public authorities that the Planning Secretary considers relevant to the subdivision.

(4) This clause does not apply—

(a) if all or part of the land to be subdivided is in a region within the meaning of the Act, Division 7.1, Subdivision 4, or

(b) to the subdivision of a lot that is, in the opinion of the Planning Secretary, a residue lot, or

(c) to a lot to be created by a subdivision on land that was the subject of a previous development consent granted in accordance with—

(i) this clause, or

(ii) Dubbo Local Environmental Plan 2011, clause 6.1, before its repeal, or

(d) to a lot proposed to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities or other public purposes, or

(e) to subdivision that is only for the purposes of rectifying an encroachment on an existing lot.