A subdivision is when an allotment of land is divided up to create one (or more) smaller lots. Subdivisions occur in both suburban and rural settings; the former is normally accompanied by a dwelling entitlement. Rural subdivisions don’t always have a right to have a dwelling built on them because dwellings can negatively impact primary industry operations as well as future development.
Subdivision of Rural Land for Primary Production
Current planning rules allow the subdivision of rural land for primary production purposes with consent. Farmers subdivide their land for a multitude of reasons, most commonly to:
- Take advantage of emerging markets
- Adopt changing farming practices
- Help with succession planning
State Environmental Planning Policy (Rural Lands) 2008 and the Standard Instrument Local Environmental Plan (LEP) stipulate that the new lot must be
“less than the minimum lot size permitted under the relevant LEP, but only if such a lot would not contain an existing dwelling. In addition, a new dwelling cannot be erected on such a lot (if it is below the minimum lot size).”
Minimum lot sizes are specified in individual council planning rules.
Subdivision in the Shoalhaven
If you wish to subdivide land in the Shoalhaven, you will need council approval. You can apply for either a Complying Development Certificate or a Development Application depending on your proposal. Not all land is suitable for subdivision, and you will need to meet the minimum lot size as well as other requirements for subdivision.