Reviewing land boundary adjustment in the Byron Shire.
Land boundary adjustment as applicable to the Bangalow, Byron Bay and Mullumbimby hinterland
The subdivision of an individual land parcel results in the creation of new lots with separate Certificates of Title (CTs) , for the purpose of sale or development. The land subdivision may be a minimum of two smaller lots or multiple lots, depending on the proposed development. A land boundary adjustment, where land boundaries are proposed to be altered only, is considered as a land subdivision, even though no additional new lots are created. New CTs are issued to reflect the changed land boundary locations and new lot areas.
Where adjoining lands are held by separate land owners, mutual consent is required to the proposed land boundary change(s). A development application, DA, is required to be lodged with Council, inclusive of the proposed subdivision layout, preferably prepared by a NSW Registered Land Surveyor.
There is no automatic right to a land boundary variation and no one can guarantee the outcome of a DA submission to Council. The land boundary adjustment process is not intended to replace the regulation of land subdivision through existing planning instruments, but rather to faciliate adjustments of a relatively minor nature. For example, the rectification of a building encroachment upon adjoining land, through changing the common boundary ground location.
.Land use planning policy for boundary adjustment
For the North Coast region, the NSW Department of Planning, Boundary Adjustments Policy , details the current five adopted land use planning principles.
Under the direction of the NSW Government, all Councils are now required to prepare new Local Environment Plans, LEPs, in accordance with the standard instrument LEP template. The purpose being that all LEPs across NSW will now use the same planning language, resulting in, perhaps, a better community understanding and reduced litigation.
Under Part 4, Principal development standards, of the new draft Lismore LEP, currently under community consultation, it is proposed that, ” to adjust common boundaries between rural lots, where one or more lots is less than the minimum lot size shown on the Lot Size Map ….the subdivision will not result in a change of area of any lot of greater than 10%.“ This limitation is still in the discussion stage and will only be revealed in the final adopted LEP.
At this time, Byron Shire Council has not placed it’s draft LEP on public exhibition for community comment.
SEPP 1 and the development application process for a proposed land boundary adjustment
As part of a submitted DA, State Environmental Planning Policy No. 1, Development Standards, SEPP 1 , may be used to apply for a land boundary adjustment between proposed rural lots, which are less than the minimum standard, as specified under the particular land use zoning in the current LEP.
The rationale of SEPP 1 is to provide Councils with the flexibility and authorisation to vary development standards, as detailed within their own environmental planning instruments, but only where it can be shown by the applicant that the compliance with the existing development standard, with regards to a particular land boundary adjustment DA, is unreasonable or unnecessary. Existing development standards, in place, referring, for example, to area, shape or road frontage constraints to lots in a proposed land boundary alteration.
The use of SEPP 1 for the justification and seeking of Council approval for a proposed land boundary location change, requires that the applicant essentially demonstrates that the proposal is consistent with both the objective of the existing planning instrument standard and additionally, local, regional and State planning objectives.
As a result of the NSW Independent Commission Against Corruption, ICAC, investigations in respect of Wollongong City Council, several recommendations have been made in the use of SEPP 1 in the development planning approval process. Recommendations include – “ that the NSW Planning Department could have played a stronger role in regard to the council’s application of State Environmental Planning Policy (SEPP) No. 1 ; that for at least two years after the election of a new Wollongong City Council, the Director General of the Department of Planning revokes Wollongong City Council’s assumed concurrence for the use of SEPP 1 (or its equivalent) to determine departures from development standards of more than 10% ; that Wollongong City Council publish a register of DA determinations (including approvals and refusals) that rely on SEPP 1 (or its equivalent) on its website ; that when advertising or notifying development applications, Wollongong City Council disclose whether the application is accompanied by a SEPP 1 objection (or its equivalent). ”
Both land boundary adjustment and land subdivision, in consideration of Council planning approval, are treated in a similar manner. If Council refuses a boundary adjustment application, reasons are given to support its decision and the applicant has the right of appeal. Byron Shire Council maintains a SEPP 1 Objection Register.
Should you have any enquiries concerning land boundary adjustment survey in the Bangalow, Byron Bay or Mullumbimby hinterland, I offer as an experienced New South Wales Registered Land Surveyor, personal professional service and expert friendly advice, leading to successful client outcomes.
NEW SOUTH WALES NORTHERN RIVERS REGION - AUSTRALIA
BYRON BAY – BANGALOW – MULLUMBIMBY – BRUNSWICK HEADS – WATEGOS BEACH – ST. HELENA – OCEAN SHORES – SUFFOLK PARK – FEDERAL – WILSONS CREEK – BALLINA – LISMORE – TWEED HEADS – MURWILLUMBAH – LENNOX HEAD – TINTENBAR – CLUNES – BEXHILL – COORABELL – POSSUM CREEK – MYOCUM – EWINGSDALE – WANGANUI – GOONENGERRY – COOPERS SHOOT – EUREKA – MAIN ARM – CRABBES CREEK – YELGUN – CASINO – NIMBIN – BURRINGBAR – UKI – BILLINUDGEL – POTTSVILLE – WOLLONGBAR – ALSTONVILLE – MOOBALL – KYOGLE – HUONBROOK – NASHUA
Please visit my website for contact details.
An explanation of the above land related terminology, may be found in a glossary provided by the New South Wales Land and Property Management Authority (NSW LPMA).
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