What is subdivision?
Subdivision is the process of dividing land or an existing building into two or more lots. Each lot then has a separate title and can be sold separately. Depending on the zone and overlays applicable to the property, the minimum lot size will vary. Property owners and developers are encouraged to obtain advice that is relevant to each specific property to ensure accuracy.
How do I subdivide my land?
A planning permit is required for all types of subdivision. A planning permit is the first step in the process of obtaining new titles for subdivided land. The Pyrenees Planning Scheme details which areas may be subdivided and minimum lot sizes. It is recommended that you discuss your proposed subdivision with one of Council’s Planners to understand whether you can apply.
To arrange an appointment for a pre-application meeting with a Planning Officer, please contact the Planning Department on 1300 PYRENEES (1300 797 363) or by emailing firstname.lastname@example.org
What is involved?
You will need to engage the services of a licensed land surveyor to subdivide your land. You may find a land surveyor by visiting the Association of Consulting Surveyors Victoria or the Institute of Surveyors.
The subdivision of land involves three main stages:
- Planning Permit application
- Statement of Compliance
Each of these steps are explained below:
Step 1: Applying for a Planning Permit to Subdivide Land
This step is much like applying for approval for development and/or use. Your application is assessed against the Pyrenees Planning Scheme and may need to be referred to relevant authorities or placed on public exhibition. If a permit is issued, it will specify conditions relating to the subdivision that must be during each of the below steps (i.e. construct new driveways, connect to town water, landscaping plans etc.).
Information on how to apply for a planning permit can be found here.
Step 2: Apply for Certification
The certification process involves the approval of a plan showing lot sizes, dimensions, boundaries, and any easements required. The plan of subdivision must be drawn up by a licensed land surveyor and submitted to Council accompanied by the relevant information which includes:
- Completed Form 1- Application for Certification
- Certification Application Fee
- Plan of Subdivision
Council must refer the application for certification to any relevant servicing authorities including those who may have placed conditions on the planning permit. Referral authorities must advise Council in writing of their consent, refusal or of any required amendments. When authorities have consented to certification and all outstanding conditions listed under the planning permit for the subdivision have been met, the plan of subdivision can be certified by Council.
Step 3: Obtain a Statement of Compliance
A statement of compliance concludes the subdivision and allows for registration of the subdivision at the titles office and the release of new titles. A statement of compliance can only be issued once the plan has been certified and permit conditions are satisfied.
Referral authorities should be contacted directly to discuss the payment of levies or fees and or the provision of services to the new lots. The referral authorities will advise Council, in writing of their consent to the issuing of a statement of compliance. When all authorities, including Council have consented, a Form 21-Statement of Compliance will be issued. The document advises the titles office that all conditions of the planning permit have been met and complied with.
Once a statement of compliance has been issued you will need to lodge it at the titles office along with the certified plan to enable the creation and release of individual titles for the lots in the subdivision.
This gives you approval to subdivide land under the Planning and Environment Act 1987. The assessment under the planning permit process may involve notifying servicing authorities and if required the advertising of your proposal to adjoining landowners. If a permit is granted, it will outline specific conditions relating to the subdivision that must be met.
For more information relating to Subdivision or the Planning Permit process, please contact the Planning Department on 1300 PYRENEES (1300 878 363).