Subdivision

A plan of subdivision allows the applicant or owner to divide their existing property into two or more new individual parcels of land that can be dealt with separately. The new parcels that can be created by a plan of subdivision can be in the form of lots - for the construction of additional buildings, roads, reserves, easements or common property.

Council will consider a permit based on its Planning Scheme, any overlays, or state level controls on the property, which determine the potential of your property to be subdivided, and the scope of the development including minimum lot sizes, allowable premises types, building height and density and other design requirements.

How do I apply?

SPEAR

SPEAR is a state-wide system that allows subdivision planning permit and certification applications to be compiled, lodged, managed, referred, approved and tracked online, anytime, with no additional fee to use. It can be used by all parties involved in the planning and subdivision processes, for example:

  • You can lodge and manage your application and track its progress
  • Council can receive, manage, refer and make a decision on the application
  • Referral Authorities can receive and respond to referrals
  • Members of the public can find out basic information about an application and lodge and view objections  

Apply via SPEAR

Via Council

Online

Step 1.Get a planning permit

Prepare and submit an application for a planning permit to subdivide your land with Council’s Planning Team. This application is assessed in accordance with the Planning and Environment Act 1987 and the Kingston Planning Scheme

Apply for a planning permit

Step 2.Certification of your plan

Once you have planning permission to subdivide, you need to get a Certified Plan of the subdivision that can later be lodged with the State Government Titles Office. This plan must be prepared by a licensed land surveyor and then certified by Council under the Subdivision Act 1988. Council’s Planning Team refer it to relevant authorities for their consent (e.g. water, gas, electricity, roads), before certification.

You can submit your certification application at the same time as your planning permit application, however certification will not occur until after a Planning Permit is issued. If conditions are applied to the planning permit, you may need to make changes to your plans prior to certification.

Step 3.Statement of compliance

A Statement of Compliance is required to register the subdivision at the Titles Office so new titles can be released. A requirement of the Subdivision Act 1988, it provides assurance that all conditions of the planning permit have been met (e.g. appropriate drainage works) and that all the relevant service authorities are satisfied. Council and authorities may not carry out an inspection of the land before issuing the Statement of Compliance. To obtain the Statement of Compliance: Submit a Form 13 to Council (completed by your surveyor) Ensure all planning permit conditions have been met

Step 4.Lodge with the Titles Office

Once the Certified Plan of Subdivision and the Statement of Compliance have been issued to your licensed Land Surveyor, the plan can then be lodged with the State Government Titles Office. This will formally record the subdivision and new Certificates of Title will be issued for each piece of land. 

Most subdivision applications are completed within two to three months. Additional time would be needed also if the proposal is not satisfactory and needs changes.

Other than the application fees which can found here: Fee schedule document(PDF, 1MB), typical additional costs might include:

Contribution to Council’s parks and reserves (Public Open Space Contribution)

This is a considerable one-off fee to help Council create new parks and improve existing parks and reserves and access.

  • For any subdivision of three lots or more, the contribution to pay is 5% of your site’s value; OR
  • For any subdivision of land in an Activity Centre Zone, the contribution to pay is 8% of your site’s value;
  • The site is valued by Council at the time of subdivision approval. If payment is not made within 12 months, then the land is re-valued at the time of payment
  • Most two Lot subdivisions are exempt from a contribution

Legal costs (Section 173 Agreement)

A legal agreement may need to be prepared after the subdivision permit has been issued to ensure that planning permit requirements are complied with in future.

  • This is known as a Section 173 Agreement between a landowner and Council, and would usually be prepared by Council’s solicitor.
  • Typical agreements cost approximately $1,000 to prepare.

Each property in Kingston has a unique address.

Properties have unique addresses, with strict guidelines to consider for numbering properties, any change must be carefully considered against future developments.

Streets have unique names to reduce confusion for emergency services. A request for a new street name is determined by the Department of Environment, Land, Water and Planning (DELWP), Council is limited in changing the name of an existing street.

There are some limitations with numbering, especially with subdivisions, as we can’t renumber an entire street to accommodate a new dwelling. As a result, there are instances where a number may need to be shared. 

Subdivision provides for the dividing and consolidation of land, and for the creation, variation or removal of easements or restrictions on the property title.

If you wish to change either your street number, or the street name, or request a subdivision, send a written request to info@kingston.vic.gov.au, or post your request to PO Box 1000, Mentone 3194. 

 

Council must also ask external service authorities for their opinion and approval.

  • This may include Melbourne Water, South East Water, Multi-net gas, United Energy or VicRoads.
  • Any conditions they apply must be included on the decision if Council grants a permit.
  • Or if they object, then the planning application must be refused unless changes can be negotiated