Plans exempt from Subdivision Certificate
Certain developments may be exempt from Subdivision Certificate consent by legislation. Types of developments that may fall under the exempt criteria include:
plan of easement
plan of redefinition
plan of acquisition
plan of consolidation
Please refer to the registrar generals’ guidelines for more information.
While a Subdivision Certificate may not be required for these documents, you will require Council endorsement where the terms of any affecting interest require Council consent to release vary or modify an easement, restriction or positive covenant and/or the terms impose an obligation on Blacktown City Council as prescribed authority.
Easements and Restrictions
Council consent is required when releasing or creating an affecting interest where Council is burdened or benefited and/or the terms impose an obligation on Blacktown City Council as prescribed authority.
Affecting interests include:
For a list of application fees please refer to our Goods and Services Pricing Schedule.
Creating affecting interests
Affecting interested can be created under the Conveyancing Act 1919:
Section 88B enables the creation of affecting interests upon the registration of a plan. The Section 88B Instrument must be lodged in association with a plan.
Section 88E provides that a prescribed authority may impose a public positive covenant on any land not vested in the authority, whether or not the public positive covenant is annexed to other land.
All correspondence and outstanding requirements should be sent to firstname.lastname@example.org
Releasing affecting interests
Where Council has an interest as prescribed authority, you can apply Council for endorsement of:
release or extinguishment of Positive Covenant
release or extinguishment of Restriction on the Use of Land
cancellation or extinguishment of Easement
transfer granting Easement.
All parties relating to the dominant tenement must sign together with any person specified in the creating instrument as having the right to release, vary or modify the easement or profit à prendre.