Subdivisions

A planning permit is required to subdivide any property; however there are big differences between subdividing in urban areas where there is good access to services and facilities and rural areas where the further subdivision of land may be more challenging, or not possible.

 Minimum lot sizes for subdivision are prescribed by the relevant zones, schedules and overlays that apply to the property under the Latrobe Planning Scheme.

Any application for subdivision must comply with the relevant subdivision requirements to enable an assessment to be undertaken.

There are four main stages in the subdivision process:

1. Apply for and obtain a planning permit for the subdivision. If successful, this approves (in principle) the plan of subdivision under the Planning and Environment Act 1987 and the Latrobe Planning Scheme
2. Apply for and obtain a certified plan of subdivision. This approves the plan of subdivision under the Subdivision Act 1988
3. Complete requirements to allow issue of a Statement of Compliance for the plan of subdivision under the Subdivision Act 1988. This is the final approval letter issued after all requirements have been met to Council’s satisfaction
4. Lodgement of the certified plan of subdivision, Statement of Compliance and any other plans or documents prepared by your land surveyor at Land Victoiria. This allows new titles to be issued for each lot created. Council does not lodge the plan at Land Victoria. Your solicitor or conveyancer will usually deal with this stage

All subdivision applications should be lodged via SPEAR (Surveying and Planning through Electronic Applications and Referrals).

SPEAR is a statewide internet based system for subdivision applications (and associated subdivision planning permits) online.

A Licensed Surveyor who is an applicant contact and is a registered SPEAR user can lodge an application for a planning permit, certification or a joint application for planning permit and certification.

Subdivision Planning Application Checklist

The certification process requires a plan of subdivision prepared by a licensed land surveyor to be lodged with Council through SPEAR, with a Form 1 certification application under the Subdivision Act 1988.

The plan shows the proposed lots, size, area and any easements required.

The certification application is referred by Council to any relevant referral and servicing authorities (which may include VicRoads, Gippsland Water, West Gippsland Catchment Management Authority AusNet Electricity Services, AusNet Transmission Group, APA Group, Country Fire Authority, Fire Rescue Victoria and Department of Environment, Land, Water and Planning).

These authorities have 28 days in which to respond to the referral with any conditions they may to choose to place on the application.

Your plans cannot be certified by Council until a planning permit has been issued for the subdivision and pre-certification requirements are met, such as registration of a Section 173 Agreement.

However, the two processes can run concurrently.

A Statement of Compliance issued by Council is required to be lodged at Land Victoria by the applicant to allow separate titles to be created for each of the lots on the certified plan.

In order to obtain a Statement of Compliance, each of the referral authorities must advise Council in writing that all of their conditions have been met to their satisfaction.

There are usually other conditions included on your planning permit that must be met before a Statement of Compliance can be issued.

Once your Statement of Compliance has been issued, you (or your surveyor or solicitor) will need to lodge it at Land Victoria along with the certified plan and other documents which your surveyor will provide.

Land Victoria will then create individual titles for the lots in your subdivision.

For all land in urban zones, while it is possible to apply to subdivide your land before obtaining approval to develop your land, it is 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.

Some exceptions may apply to larger subdivisions (ie. more than 10 lots) on urban zoned land.

For all land contained within rural zones, subdivision may not be permissible if each proposed lot cannot meet the minimum lot size within the applicable schedule of the zone.

Notwithstanding the minimum permissible lot sizes, planning applications relating to rural land must have regard to relevant policy contained in the Latrobe Planning Scheme.

The objectives and directions contained within this policy guide discretionary decision-making.

Land within the Latrobe Planning Scheme that is covered by a Development Plan Overlay or zoned Urban Growth Zone may have an approved ‘development plan’ or ‘precinct structure plan’ applying to the land which sets out broad strategies, layouts, and subdivision requirements.

Subdivisions proposed within these locations should be planned in accordance with the approved development plan.

Endorsed Development Plans and Precinct Structure Plans in Latrobe City

A development contribution plan:

• sets out what infrastructure is required for future communities
• allows Council to collect contributions to fund the required infrastructure
• ensures the cost of infrastructure is shared by requiring any person developing land, to pay the applicable levy to council

Latrobe City Council currently has three approved Development Contribution Plans (DCP’s):

• Lake Narracan Development Contribution Plan
• Traralgon North DevelopmentContribution Plan
• Morwell North West Development Contribution Plan
• Addendum to the Traralgon North Development Plan

The development contribution schedule table (of each DCP) is updated each year on 1 July with increases in Building Price Index and land valuations.

When proposing to subdivide land (intended to be used for residential, commercial or industrial purposes) into three or more lots, or two or more if the any lot could be further subdivided in the future you are required to make a contribution to Council for public open space.

Schedule 1 to Clause 53.01 of the Latrobe Planning Scheme sets out the contribution required to be paid.

Applicants will need to satisfy the requirements of Council’s Infrastructure team (for roads, vehicle crossings and drainage), the building regulations, Health Services team requirements (for septic tanks and effluent disposal where relevant) and local laws (where relevant), as well as the requirements of relevant referral authorities for the servicing of the land.