Sydney Local Environmental Plan 2005
18Subdivision
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18 Subdivision
18 Subdivision
(1) Subdivision of land, including subdivision under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986, may be carried out only with development consent.
(2) Development consent may be granted to a subdivision only if the consent authority is satisfied that the subdivision will result in lots that—
(a) if the subdivision is for the purpose of the erection of a building, are capable of accommodating a building that—
(i) complies with all relevant requirements made by this plan, including those relating to maximum building height and floor space ratio, urban design, design excellence and heritage conservation, and
(ii) is not an overdevelopment of the lot, and
(iii) facilitates orderly and high quality development of the resultant lots, and
(b) provide an appropriate curtilage for any heritage item on the land that does not adversely affect the heritage significance of the item, and
(c) are compatible with the existing subdivision pattern of the locality.
(3) A lot, or part of a lot, identified in a plan of subdivision for which consent is granted as being for use for carparking in relation to a specified residential unit must be used only by a resident or other occupant of the building that contains the residential unit.
(4) Before granting consent for stratum subdivision of a building, the consent authority must consider whether the related building management statement or strata management statement adequately addresses the ongoing maintenance, upgrading, redevelopment and structural adequacy of the part of the building within each proposed stratum lot.
(5) Before granting the subdivision certificate for strata subdivision of a new or refurbished building, the consent authority must be satisfied that any occupation certificate needed before the building is occupied has been issued.