Multiple Occupancies to Community Title

Conversion of existing Multiple Occupancies (MOs) to rural Community Title (CT) subdivision.

Updated February 2009

Currently there are a number of existing multiple occupancies (MOs or rural landsharing communities as they are also known) in the Shire. A number of these submitted proposals seeking the subdivision of their MO through rural community title.  This process of converting existing multiple occupancies to community title subdivision is known as 'MO to CT' for short. Proposals to convert were only accepted during a 2½ year time period which finished on 1 May 2004.

Council had 19 proposals for MO to CT, ALL of which have completed the Local Environmental Plan (LEP) Amendment process.

Assessment of the proposals and preparation of the LEP amendments was been undertaken by external planning consultants working on behalf of Council.  The entire LEP amendment process was managed and overseen by Council staff.  Each of the MOs that submitted proposals were required to pay for both assessment and preparation of the LEP amendment by the consultant and for administration and management of the process by Council staff.

As all the requests to amend the LEP were successful, it should be noted that the conversion from MO to CT will not be complete until a development application for the subdivision is submitted, assessed and approved.

General Information

What is ‘MO to CT’?

Multiple Occupancy (MO) to Community Title (CT) - is the community title subdivision of an existing multiple occupancy.  If the conversion is successful each share in the existing multiple occupancy (which is collectively owned) will gain an individual title for a rural residential lot.  The remaining land is held in common ownership.   

How did the conversion occur?

The conversion of MO to CT occurred through an amendment to Byron Local Environmental Plan (LEP) 1988 to override Clause 17A(5) of the LEP that prohibits subdivision of an MO.  The land is not rezoned; rather, it is identified in a schedule of the LEP (Schedule 13) specifically for MO to CT conversions.

As the amendments to Byron LEP 1988 have been approved (gazetted), a separate development application is then required to be lodged for the community title subdivision to occur.  This development application will be assessed on its merits in accordance with relevant planning requirements and is separate to and occurs after the LEP amendment process.

During the process to date, a new clause (17B) has been included in Byron LEP 1988 and an associated Schedule (No 13) to make the conversion process permissible with consent.

How many proposals were there?

Nineteen of the thirty-seven MOs in Byron Shire submitted proposals, ALL have completed the LEP amendment process.

Several MOs now listed in the LEP have submitted development applications for subdivision and some have been approved and at least one subdivision has now been registered.

Where were they located?

All proposals were located in rural areas throughout the Shire.

Can any more proposals be submitted?

No.  The period that Council was able to receive MO to CT proposals ended on 1 May 2004.  Refer to Council Resolution of 30 September 2003 (Resolution Number 03-918).

Who was assessing and processing the LEP amendments for MO to CT?

GeoLINK were selected by Council to assess and process the 18 of the MO to CT proposals on Council's behalf.

For more information refer to GeoLINK’s webpage for MO to CT

For more information please refer to Council’s Protocol on the use of Consultants to process LEP amendments on their behalf.

How long did it take to process the LEP amendment?

An LEP amendment may take up to 2 years to process.  Timing is dependent on many external factors and the completeness and adequacy of the proposals.

It should be noted that the final 2 proposals (gazetted in February 2009) took 4-5 years to process. The other proposals took between 2 - 4 years in 3 different groups (refer to details below).

Progress of proposals

Draft Byron LEP Amendment No. 124

  • Jindibah Community
  • Tibian Creek Sanctuary
  • Prashant Community
  • Pretty Hills
  • Durrumbul Gardens
  • Durrumbul Habitat

Status:  Gazetted - 7 July 2006.

Draft Byron LEP Amendment No. 127

  • Benowie
  • Gondwana Sanctuary
  • Irwin
  • Kijiri Community
  • Lost Valley Farm
  • Spiral Dance Community
  • Sleepy Creek
  • Hidden Valley
  • Teak Road

Status:  Gazetted – 9 March 2007.

Draft Byron LEP Amendment No. 131

  • Dry Creek Road
  • Ridgewaves

Status:  Gazetted - 14 November 2008.

Draft Byron LEP Amendment No. 135

  • Tweed Valley Way
  • Left Bank Road

Status:  Gazetted - 20 February 2009.

Who can I contact at Council?

For more information please contact the Community Planning team by phone 02 6626 7126 or email council@byron.nsw.gov.au

History of MO to CT

What is the history of MO to CT?

  • The Byron Rural Settlement Strategy (BRSS) was adopted on 20 October 1998 with provisions relating to MO to CT being deferred pending public comment.
  • The MO to CT concept was publicly exhibited between 28 October 1998 and 18 November 1998 with a public meeting held on 5 November 1998.
  • On 8 December 1998 Council adopted a recommendation to include MO to CT provisions in BRSS 1998.
  • On 22 December 1998 the Department of Urban Affairs and Planning (DUAP) advises its approval of BRSS but deferred the matter of MO to CT.
  • In August 1999 DUAP advised that it agreed to voluntary conversion of MO to CT subject to a number of conditions.
  • In July 2001 Council resolved to prepare an addendum sheet for Byron Rural Settlement Strategy 1998 addressing MO to CT and other deferred matters.
  • Further information on how the process would work as presented in a report to the Council meeting of 1 November 2001.  Council’s resolution 01-1193 of that meeting outlined the adopted principles of conversion and established the 2-year timeframe for submission of proposals from existing MOs.  This timeframe was based on the reasonable lead time required for multiple occupancy communities to become informed of the process and to compile a conversion request.  The sunset provision and other elements of Council’s resolution contained the MO to CT process to existing MOs and prevented speculative development of new MOs.
  • On 30 September 2003 a report went to Council requesting a 12-month extension to the 1 November 2003 deadline.  A six-month extension and the updated principles for conversion were adopted (resolution 03-918) making the deadline for formal acceptance of proposals (including full payment) 1 May 2004.
  • Nineteen (19) proposals were submitted by the deadline.
    (Please note only 18 of the 19 were processed in this manner, the other 1 was processed as a separate LEP amendment.)
  • Contracts were finalised with GeoLINK on 1 July 2004 for the 18 proposals being considered as a group.
  • Council resolved to prepare a Draft LEP amendment for four (out of eighteen) MOs and further refined the principles for conversion on 10 May 2005.
  • Subsequently ALL of the proposals have been completed in four separate amendments to Byron LEP 1988.

The LEP Amendment Process - MO to CT

Links

Some general information on community title can be found at: