Subdivision involves dividing a property into smaller lots that can be sold separately. Consolidation is the joining of two or more lots together to make a larger lot under the one ownership.
Whether you are applying for a subdivision permit or considering subdividing or consolidating your land, you will need to consider the following.
The Subdivision Process
There are four main stages in the subdivision process.
1. Obtain a planning permit for the subdivision. This approves the plan of subdivision in principle under the Planning and Environment Act 1987 and the Hobsons Bay Planning Scheme.
2. Obtain a certified plan of subdivision. This approves the plan of subdivision under the Subdivision Act 1988.
3. Obtain a Statement of Compliance. This is the final approval letter stating that all requirements have been met.
4. Lodgement of the certified plan of subdivision at Land Victoria. This allows new titles to be issued for each lot created. Your solicitor or conveyancer will deal with this stage.
What is the Planning Scheme?
The Hobsons Bay Planning Scheme sets out rules and regulations used to assess planning permit applications for subdivision, consolidation and the removal and variation of easements and restrictions.
A copy of the Planning Scheme can be viewed on-line at Hobsons Bay Planning Scheme or a hard copy can be viewed at the Hobsons Bay Civic Centre.
Subdivision before development
While it is possible to apply to subdivide your land before obtaining approval to develop your land, it is the Council's preference that approval for a development is obtained before applying to subdivide your land. This will enable all development matters to be considered in the planning process.
Then, once the planning permit for development has been issued and works have begun, you can lodge your subdivision application in accordance with the Hobsons Bay Planning Scheme.
Public Open Space Contributions
When proposing to subdivide land into three or more lots, you will be required to make a contribution to the Council for the upgrade and or purchase of land for open spaces such as public parks, playgrounds and reserves. Under Section 18 of the Subdivision Act 1988, you will be required to pay to Council a percentage of the site value not exceeding 5%, or set aside up to 5% of the land on the plan of subdivision for public open space, or a combination of both.
The requirement for a contribution will be specified in the planning permit conditions. The Council's valuers will carry out a valuation of your land, which will determine how much you will be asked to pay.
How to obtain your permits
The brochure below provides you with an illustrated step-by-step example of how to obtain your permits to subdivide or consolidate your land.
If you require more detailed information or have any queries, some key contacts are: