Public Notice
20/01/2026
Council is currently receiving numerous enquiries regarding the above site, seeking clarity over the future development of the site. The site is subject to a range of complex land use planning policies, including those governed by Council and State Government policies. In this instance, the State Government housing policies take precedent. Understandably this is causing confusion in the community.
Council and adjoining neighbours were informed that a private certifier had received an application for a Complying Development Certificate (CDC) at 49 Park Street, Carlton for the demolition of existing structures and construction of three terraces using a NSW Housing Pattern Book Design.
A CDC was approved by the private certifier on 19 December 2025 in accordance with the NSW Government’s Low and Mid-Rise (LMR) Housing Policy.
In this instance, the LMR overrides Council’s own local planning controls to the extent that multi dwelling housing is a permissible land use in the R2 Low Density Residential zone when the land is located in the LMR Housing Area.
The concerns expressed by the community primarily relate to the heritage status of the property, does the CDC meet the minimum lot area and lot width, and were the pre-determination notification requirements met.
The CDC issued and governed by the private certifier under the State planning policy:
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meets the minimum site area of 500sqm,
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meets the minimum lot width of 15m,
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has been issued on a site that is not heritage listed, and
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has met the pre-determination notification requirements.
Council’s role in building and developments varies depending on if Council has been appointed as the Principal Certifier (PC). PCs are accredited professionals who issue certificates for development under the Environmental Planning and Assessment Act 1979.
In NSW Planning, a CDC approval is generally prohibited on heritage listed land or in a heritage conservation area requiring a Development Application (DA) for assessment. The dwelling at 49 Park Street, Carlton is not heritage listed or located within a heritage conservation area.
Further information can be found by following the links below: