Dwelling entitlement search

You cannot build a dwelling house on all land in Eurobodalla Shire. Unless a dwelling entitlement exists, you are not allowed to build on land in certain rural, residential and environmental protection zones.

A 'dwelling entitlement' refers to the potential for Council to approve a dwelling on a property.

Check the zoning of your land

The rural zoning that requires a dwelling entitlement search is Zone RU1 - Primary Production.

You can find out what zone applies to your land to determine whether you need a dwelling entitlement search:

• Department of Planning and Environment: Planning Portal

The factors that determine if land has a dwelling entitlement are the:

• size of the property
• zoning history of the land holding
• date of subdivision approval.

Advice about dwelling entitlements within Eurobodalla Shire will include information such as if:

• a dwelling is permissible within the subject zone
  and
• the property meets the minimum development standards as set out in the Eurobodalla Local Environment Plan 2012.

Please note that dwelling entitlement advice does not constitute development approval. If the land has a dwelling entitlement, you will still need to apply for development consent and lodge a Development Application. A planning officer will then complete a merit-based assessment under Section 4.15 of the Environmental Planning and Assessment Act 1979. This assessment will determine whether Council can grant consent.

The planning regulations for dwelling entitlements do change over time. The advice you receive from a dwelling entitlement search only applies at the date of issue. If Council carried out a previous dwelling entitlement search, you will need a new search to confirm if this information is still current. If you apply for a dwelling entitlement search for more than one adjoining lot, you are only required to pay one application fee.

Apply

A dwelling entitlement search will help you to determine whether your land has a dwelling entitlement.

You can follow these steps to apply for a dwelling entitlement search:

1. send your written request, including the lot and DP details of all relevant parcels of land
2. pay the application fee of $380. For more complex requests, the standard fee will apply to the first two hours then a fee of $80 per hour will apply thereafter
3. complete the credit card payment form:
   • credit card payment form (833 KB).

You can submit your written request and credit card payment form:

• online: via our eServices system
• in person: at the customer service centre, corner of Vulcan Street and Campbell Street, Moruya, between 8.30am and 4.30pm
• by email: Council
• by post: Eurobodalla Shire Council, PO Box 99, Moruya NSW 2537.

Council will usually process a dwelling entitlement search request within 14 days. Once complete, we will email or mail the advice to you. Complex searches can take longer and we will contact you to give you an estimated timeframe.

More information