Dwelling entitlement potential search
Applicants will be required to complete the ‘Application for Certificates’ form to specifically request a dwelling entitlement potential search and pay the associated fee. Please note that owners consent and receipt of payment will be required before the search will commence. Owners consent must be completed and signed by all registered property owner(s) of the property. If the property is strata titled, the application must be signed by the Body Corporate with the strata seal. If the land is owned by a company (P/L) the signature of at least one (1) director residing in Australia is required. If a company signatory, the position held in the Company will need to be provided.
If the application covers more than one lot, the search will only determine if all of the lots combined have a dwelling entitlement. Please include a note on the form to confirm you would like the search to confirm the dwelling entitlement status of all of the lots combined. If you would like to determine the dwelling entitlement of each individual lot, please submit separate application forms and pay the associated fee for each search application.
Clause 4.2D in Shoalhaven Local Environmental Plan (LEP) 2014 restricts the erection of dual occupancies (attached) and dwelling houses on land in certain rural, residential and environment protection zone. The dwelling entitlement potential search will be undertaken by one of Council’s Strategic Planners to determine if the lot or land holding meets the criteria of Clause 4.2D (3) in Shoalhaven LEP 2014. A search of Council’s records will initially be undertaken to investigate the size of the property, the subdivision history and if the subdivision approved created a lot/lots that comply with Clause 4.2D (3) and relevant clauses in Shoalhaven (LEP) 1985 or Shoalhaven Interim Development Order (IDO) 1964.
Properties that have no subdivision history, such as a portion require a historical title search to determine if the lot or holding meets the definition of a ‘1964 holding’ in Shoalhaven LEP 1985. To determine if a lot or holding is a 1964 holding, Council staff must confirm the ownership of the land at the appointed day; 28 February 1964 (when the IDO commenced) through historic title searches of the subject property and adjoining properties. The Strategic Planner undertaking the search will contact the applicant before proceeding with a historic title search to determine if they wish to proceed with the search given the additional fees that are required to undertake an external historical title search (as per Council’s fees and charges).
The search will not investigate whether there is an existing dwelling house on the land and whether that land meets Clause 4.2D (5) in SLEP 2014. To determine if an existing dwelling house has been legally approved, you should request an Application for Records Search to obtain a copy of the development consent and building plans.