Services are required to support all forms of development and typically include roads, drainage, water, sewer, electricity, gas and telecommunication services. This fact sheet deals specifically with water, sewer, electricity and telecommunication services concerning the subdivision of land.

The various Environmental Planning Instruments that apply to development in urban release areas specifically include specific controls requiring that the consent authority is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when it is required before development consent can be granted.

DEVELOPMENT APPLICATION REQUIREMENTS

At the development application stage the applicant must:

1. Locate the nearest existing services;

2. Determine whether these existing services have the capacity to service the subdivision; and

3. Identify any necessary extension or upgrade works required in order to satisfy the above.

This will normally require consultation with Sydney Water with respect to water and sewer, Endeavour Energy or Energy Australia with respect to electricity and NBN Co or Telstra with respect to telecommunication services.

SUBDIVISION CERTIFICATE REQUIREMENTS

All forms of subdivision require either a Strata Certificate or a Subdivision Certificate. Only Council can issue Subdivision Certificates and be appointed the Principal Certifier for subdivision works. In order to demonstrate that the above services have been provided in accordance with the respective authorities requirements a development consent will include conditions requiring that the following is provided with an application for a Subdivision Certificate:

1. A Section 73 Compliance Certificate issued by Sydney Water confirming satisfactory arrangements have been made for the provision of water and sewer services. The developer can apply for a Section 73 Certificate through a water servicing coordinator or directly to Sydney Water through their Sydney Water Developer Direct online system. The Environmental Planning and Assessment Act 1979 historically did not allow for a Subdivision Certificate to be issued unless a Section 73 Certificate had been issued in the case of subdivision that relates to land within the Sydney Water area of operations. This is no longer the case, however a development consent in most cases will still include conditions requiring a Section 73 Certificate as above.

2. A Notification of Arrangement for the provision of distribution of electricity certificate from Endeavour Energy confirming satisfactory arrangements have been made for the provision of electrical services. The majority of the Shire is within the Endeavour Energy network

www.thehills.nsw.gov.au | 9843 0555

SERVICING REQUIREMENTS FOR SUBDIVISION DA’S

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area although some fringe areas fall within the network areas of either Energy Australia or Ausgrid. Where the site falls outside of the Endeavour Energy network area a comparable certificate from one of those other suppliers must be provided. Street lighting for all new roads in a subdivision must also be provided. The developer must contact Endeavour Energy to ascertain the required method of supply and distribution works required as part of the subdivision. The developer will be responsible for the design and construction of these services.

3. A Certificate of Practical Completion of Developers Activities from NBN Co confirming satisfactory arrangements have been made for the provision of phone and internet infrastructure. In most cases the development consent will also require that the as-built design drawings provided to NBN Co to obtain the Certificate of Practical Completion be submitted to confirm all of the lots in the subdivision are serviced. For non-fibre ready facilities, Telstra may be the Infrastructure Provider of Last Resort. In those cases an agreement advice or network infrastructure letter from Telstra must be submitted instead.

A very small number of subdivisions are able to be carried out as exempt development pursuant to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. A Subdivision Certificate from Council is still required however the above service clearance certificates are not required to be provided with an application for a Subdivision Certificate.

The strata subdivision of a completed building as complying development pursuant to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 requires a Complying Development Certificate and a corresponding Strata Certificate still however the service clearance certificates issued for the actual building can be relied upon.

FURTHER INFORMATIONIf you are unsure, please ask - Time spent early may avoid delays later

Customer Service Centre: 3 Columbia Court, Norwest NSW 2153Phone: 9843 0555Duty Town Planner: 9843 0469Hours: 8:30 am to 4:30 pm, Monday to FridayWebsite: www.thehills.nsw.gov.au

DISCLAIMERThis fact sheet provides a summary of the major issues concerning the provision of services when subdividing land. Any person using this document must do so on the basis that not every scenario and issue can be addressed, and discussion with relevant staff at Council’s Customer Service Centre should be undertaken. This document is subject to change without notice.

www.thehills.nsw.gov.au | 9843 0555