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Not all land in the Shoalhaven has an automatic right or ability for a dwelling to be constructed on it.
A ‘Dual occupancy (attached)’ or ‘Dwelling house’ cannot be considered on land in certain rural, residential and environment protection zones unless it can be demonstrated that a ‘dwelling entitlement’ exists, even though these land uses may generally be permissible in the relevant zone.
One way to determine whether a lot (or holding) has a dwelling entitlement is through a Dwelling Entitlement Potential Search which is undertaken by one of Council's Strategic Planners. The search considers the subdivision history and historic zoning of the subject land, amongst other criteria.
When you request a Dwelling Entitlement Potential Search you need to complete an application form and pay the relevant fee.
If the application covers more than one lot, the search will only determine if all of the lots combined have a dwelling entitlement. You need to 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.
Owners consent must be completed and signed by ALL registered property owner(s) of the property before the search can commence.
Apply for a search before you buy, sell, build or develop your land.
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Properties that have no subdivision history (e.g. a portion) may require a historical title search to determine if the lot (or holding) meets the definition of a ‘1964 holding’ in Shoalhaven LEP 1985 by confirming the ownership of the land (and surrounding properties) at the appointed day (28 February 1964, when the Interim Development Order (IDO) commenced).
The Strategic Planner conducting the search will contact the applicant before proceeding with an historic title search to determine if they wish to proceed given the additional fees required.
The Dwelling Entitlement Potential Search will not investigate whether there is an existing dwelling house on the land and whether that land meets Clause 4.2D(5) of 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.
Last updated on 26 March 2021