Subdivision provides for the subdivision and consolidation of land, and for the creation, variation or removal of easements or restricitions.
Can I subdivide my property?
In most circumstances, you are required to have an approved development permit (eg. approval for the construction of two (2) dwellings on a lot) in place prior to making an application for subdivision. Upon approval of the development permit, a separate application for subdivision should be made to Council in accordance with the development permit that has already been issued.
How Do I Apply For A Subdivision?
A Plan of Subdivision must be prepared by a Licensed Land Surveyor in accordance with the Subdivision Act 1988 and the Planning and Environment Act 1987. In most cases your surveyor will prepare and lodge your application, and therefore will act as the applicant, and will converse with Council accordingly. The subdivision applicaton process consists of two separate processes that run simultaneously - The Planning Permit process, and the Certification process.
The majority of subdivision applications are now submitted through SPEAR. SPEAR allows users to process planning permits and subdivision applications on line. This provides both Council's and Land Surveyors a more timely and transparent process for the subdivision applications.
What happens now?
Upon receipt of a subdivision application, Council will refer each application to all relevant service authorities as required by the Kingston Planning Scheme, and the Subdivision Act 1988. Any comments from the Referral Authorities must be considered, and any requirements must be included on the Planning Permit, should one be issued. Authorities in the City of Kingston include:
- South East Water;
- Melbourne Water;
- United Energy; and
- Multinet Gas.
In some instances referrals will also be made to authorities such as VicRoads and the Country Fire Authority (CFA). Other Council departments may also require notification such as Stormwater Engineering, Valuations and Council's Rates Department.
Prior to the Certification of the Plan of Subdivision and / or issue of Statement of Compliance, the following requirements need to be satisified:
- Planning Permit must be issued;
- All conditions of Planning Permit must be satisfied including any requirement for a Section 173 Agreement and / or public open space contribution; and
- Consent from all relevant Referral Authorities must be received.
Planning Permit Process
The Planning Permit requirement for the subdivision is assessed against the requirements of the Kingston Planning Scheme. Although the Certification process runs simultaneously, it is reliant on the Planning Permit being issued as there may be conditions placed on the Planning Permit that need to be satisfied prior to Council issuing final Certification for the subdivision.
What is Public Open Space?
An application for subdivision may attract a requirement for a Public Open Space Contribution. The public open space contribution can be made by:
- Setting aside land for public open space; or
- Paying a percentage ofthe overall site valuet of the land - this contribution will be used to purchase or improve exisitng publiic open spaces; or
- A combination of both.
View Council's Public Open Strategy:
Am I required to make a Public Open Space Contribution?
Most two (2) lot subdivisions are exempt from Public Open Space Requirements, provided there is not potential for the land to be further subdivided in the future.
How is the Public Open Space Contribution calculated?
As at 14/12/2017 Public Open Space Contributions are calculated as follows:
- 2 Lot Subdivision - Exempt
- Subdivision of land of 3 lots or more - 5% of the site value
- Any Subdivision in an Activity Centre Zone - 8% of the site value
How is my site valued?
A valuation must be obtained from a person who holds qualifications under Section 13DA(1A) of the Valuation of Land Act 1960. Council, on lodgement of a certification application, can conduct a valuation and pass results on to the applicant.
How Do I Pay the Public Open Space Contribution?
Payment of the public open space contribution must be made before the issue of the Statement of Compliance for a subdivision. The Payment is collected by the Subdivision Officer.
If payment is not made within 12 months of the subdivision planning permit being issued, a new valuation may be requested at each anniversary of the requirement and the amount of payment varied accordingly until such time as the amount is paid.
Section 173 Agreements and Subdivision
A Section 173 Agreement is a legal agreement between a land owner and Council. It is registered on the title to the land so it binds not only the current owner but also all future owners and occupiers. S173 Agreements are used to achieve planning objectives for particular areas and are a requirement on most planning permits for subdivision.
How Do I organise a Section 173 Agreement?
If a Planning Permit requires a S173 Agreement, the applicant must either request that Council prepare the agreement (an administrative charge applies) or have a Solicitor prepare it. Where solicitors are used the applicant pays for this service and Council sends the documentation to a solicitor for checking.
If Council prepares the agreement, a draft copy is sent to the applicant for checking. If there are no changes required, three copies will be sent to the applicant for signing. These must then be returned to Council for counter signing and sealing.
Sealing and Lodging
Once Council signs and seals the three copies of the agreement, a Council Officer will lodge the agreement with Land Victoria and a final agreement will be forwarded to the applicant.
For any additional information in relation to the subdivision process, please contact Council's City Development Team on 9581 4131 or visit Level 1, 1230 Nepean Highway, Cheltenham.
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