Riverstone Scheduled Lands - Precinct A (Stages 1-3)

Landcom has sold all available lots within Riverstone Precinct A (Stages 1 to 3) and there will be no future sales releases for this project.

These are lots that are subdivided on paper, but have not been developed due to their irregular subdivision patterns, highly fragmented ownership and/or a lack of appropriate zoning and infrastructure services.

In some cases, the subdivisions date back to the 1800s and can be as small as 200m² in area and less than 10m in width – sometimes with no land between lots for ‘common’ areas such as roads and footpaths.

The legislation was introduced by the NSW Government in 2013. It is designed to help landowners in paper subdivision areas like the Riverstone Scheduled Lands to coordinate the delivery of infrastructure required to unlock their land for development.

Under Schedule 7 of the Environmental Planning and Assessment Act 1979, the NSW Minister for Planning may designate a relevant authority to coordinate subdivision of land. Under the legislation, the designated relevant authority can propose a development plan based on current planning controls.

A Subdivision Order is made by the NSW Minister for Planning to enable a nominated relevant authority (a council, Landcom or other specified body) to carry out the provisions of a development plan which may include subdivision works, acquisition of land by agreement or compulsory process and the requirement to pay development contributions.

In a ballot held in March 2016 the majority of landowners in the Riverstone Scheduled Lands Precinct A (Stages 1-3) voted in favour of the proposed development plan for their lots.

A Subdivision Order was issued by the NSW Minister for Planning in November 2016, directing Landcom, as the relevant authority, to proceed with the development of Precinct A (Stages 1-3) as per the Development Plan.

No. The NSW Minister for Planning has rezoned the Riverstone Scheduled Lands to allow urban development. Blacktown City Council will only allow development to proceed once sewer, water and electricity infrastructure is in place and the subdivision is registered. Landowners can then prepare development applications and seek approval from Council to build on their land. Find out more about Blacktown City Council’s developer requirements.

To enable development the Riverstone Scheduled Lands require new and upgraded roads, water, sewer, and electrical services. New schools, public transport and community services are also planned to support new housing and development.

Once the subdivision works for Precinct A (Stages 1-3) are complete and the subdivision is registered, landowners will then be able to sell their land or lodge development applications with Blacktown City Council. Find out more about Blacktown City Council’s developer requirements.

Some trees will be removed as part of the subdivision works. The Development Plan provides for dedicated conservation areas.

After development applications for the new subdivision were approved, a suitable construction contractor was appointed through a tender process to complete the infrastructure works required for the development. Landcom appointed WEM Earthmoving to undertake subdivision works in Precinct A (Stages 1-3).

Landowners in Precinct A (Stages 1-3) have paid for the cost of development works, including the cost of:

• all new infrastructure services (sewer, water, electricity), roads, drainage
• remediation of contaminated land
• demolition of existing structures
• government fees and charges related to developing their land.

Landcom is managing these works on behalf of the majority of landowners. A small number of landowners have opted to independently manage these works using appropriately licenced contractors.

Landowners in the Riverstone Scheduled Lands Precinct A (Stages 1-3) must make a contribution towards the cost of the subdivision works outlined in the Development Plan. The proportion of each landowner’s contribution is calculated and described in the Development Plan.

The cost of the subdivision works include the cost of all new services (sewer, water, electricity), roads, drainage and remediation of any contaminated land and demolition of existing structures. Landowners are also responsible for planning and project management costs, which include government fees and charges.

A Voluntary Contributions Agreement is a contract between individual landowners and Landcom for the development of their land. It outlines the amount payable and options to fund development works.

Landowners had two options for funding the costs associated with development in Precinct A (Stages 1-3), being:

• Monetary Contribution: Money was paid to Landcom prior to work commencing, or
• Land Trade: A portion of land was traded with Landcom to cover the costs associated with development.

If a landowner had not entered into a Voluntary Contributions Agreement with Landcom by the end of February 2017, either because they chose not to or were unable to, under the requirements of the Environmental Planning and Assessment Act 1979, compulsory land acquisition powers could be triggered.

The triggering of acquisitions provides certainty for all landowners, as it allows the Development Plan process to go ahead in the manner that the majority of landowners voted for in the landowner ballot in early 2016.

An upfront payment by the landowner was made to Landcom and held in a dedicated account for development costs. Development costs are withdrawn from the account by Landcom to deliver development works on behalf of landowners.

New land titles are created once subdivision works are complete, and the Deposited Plan of the subdivision is registered with NSW Land Property Information.

Surplus funds remaining in the account after costs have been met at the completion of the Development Plan will be returned to the landowner.

Land always remains in the ownership of individual landowners.

Landowners in Precinct A (Stages 1-3) who chose to pay for the cost of development via a monetary contribution were required to pay upfront before the commencement of subdivision works for their stage.

Landowners in Precinct A (Stages 1-3) were required to make their payment 90 days before the commencement of subdivision works for their stage.

Landowners in Precinct A (Stages 1-3) had the option to pay for their share of costs of development with part of their land - this is called land trading. This means trading some of their land to pay for Development Plan costs.

Landowners could choose which lots they traded and which lots they kept.

Landcom will complete the works and sell the traded lot(s) on the market. Landcom will recoup its costs and return any surplus funds to the landowner as soon as reasonably practicable after the completion of the Development Plan.

There are application fees to council for the development approvals and two types of development fees and charges that are payable on new developments in the area:

• Special Infrastructure Contribution fees: the whole of the Northwest Growth Centre, within which the Riverstone Scheduled Lands is located, is subject to an infrastructure levy administered by the NSW Department of Planning and Environment to contribute towards the cost of biodiversity certification and land for schools, transport and emergency services in the area.
• Local government fees: new development in the local government area is subject to a levy (formerly known as Section 94) administered by Blacktown City Council to contribute towards the cost of local facilities and services such as drainage areas, parks and community facilities.

It is standard practice for developers in NSW to pay for the cost of the roads, water, sewer and other services needed for developing their land.

If a landowner in Precinct A (Stages 1-3) did not enter into a Voluntary Contributions Agreement with Landcom by the end of February 2017, then Landcom could move to acquire the land under the Land Acquisition (Just Terms Compensation) Act 1991 outlined in the Development Plan. This ensured Landcom could deliver the Development Plan approved by landowners through the ballot process.

After the Subdivision Order was issued by the NSW Minister for Planning in November 2016, Landcom, as the relevant authority for the Riverstone Scheduled Lands Precinct A (Stages 1-3) commenced work to deliver the Development Plan

Under Schedule 7 of the Environmental Planning and Assessment Act 1979 and the supporting provisions in the Regulation, landowners must vote on whether to consent to a Development Plan prepared under the provisions of the Act. The consent ballot is the voting process for landowners. A minimum of 60% of landowners, owning at least 60% of the land area, need to vote in favour for the NSW Minister for Planning to issue a Subdivision Order for development to proceed.

The ballot for Precinct A (Stages 1-3) was held in March 2016 and resulted in 80% of landowners, holding 88.5% of the land area, voting in favour of the Development Plan. This result met the majority required for the NSW Minister for Planning to make the Subdivision Order allowing Landcom to proceed with the Development Plan.

View the Riverstone Scheduled Lands Precinct A (Stages 1-3) 2016 Consent Ballot Results Statement.

View the Riverstone Scheduled Lands Precinct A (Stages 1-3) 2016 Consent Ballot Scrutineer’s Report.