Low Impact Developments Can Now Progress Without DA, says Ian Dencker, Town Planner

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“Believe it or not, sometimes you can subdivide your property without the need for council approval,” says Ian Dencker, Town Planner. "New codes allow low risk and low impact developments to be carried out without the need for a development application. Furthermore, many home owners and small business owners are now taking advantage of these significant time and cost saving benefits."

Ian Dencker, Inner West Town Planning, Sydney NSW

Ian Dencker, Town Planner Sydney

Believe it or not, sometimes you can subdivide your property without the need for council approval - Ian Dencker

“Believe it or not, in some cases now you can subdivide your property without the need for council approval,” says Ian Dencker, Town Planner.

New codes allow low risk and low impact developments to be carried out without the need for a development application. Furthermore, many home owners and small business owners are now taking advantage of these significant time and cost saving benefits.

The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 simplify the NSW planning system, by "allowing low risk and low impact developments to be carried out without the need for a development application". The advantages of this are significant time and cost saving benefits for home owners, small business owners and developers across the state." (Source: NSW Department of Planning Codes SEPP Fact Sheet February 2011).

"What this means is that now you don’t need permission from council to carry out subdivision if the subdivision is for a minor realignment of boundaries that will not create additional lots or the opportunity for additional dwellings, or that will not result in one or more lots that are smaller than the minimum size specified in an environmental planning instrument in relation to the land concerned, or that will not adversely affect the provision of existing services on a lot," says Ian Dencker, a town planning consultant with over 30 years experience, "unless the original lot or lots are already smaller than the minimum size".

The advice of a town planning consultant is often sought by investors to assist them demonstrate to Council that any proposed minor realignment of boundaries is considered to satisfy their criteria.

Ian stresses the need for thorough research, including if necessary making an Access to Information Request to Council pursuant to the Government Information (Public Access) Act 2009.

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Ian Dencker

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