Subdivisions

Subdivision is the process of dividing land into two or more parcels or alternatively consolidating multiple parcels.

Overview of Subdivision Process

Most subdivision applications require two processes – an application for planning permit to subdivide under the Planning & Environment Act 1987 and an application for certification under the Subdivision Act 1988.

Applications for subdivision and consolidation of land, the creation, variation and removal of easements and restrictions are all handled by Council’s statutory planning team.

Subdivisions applications require:

  • Fully completed and signed application.
  • Application fees.
  • A legible, full and current copy (less than 90 days old) of the certificate of title, including restrictions.
  • A copy of the current title plan. 
  • A copy of the proposed plan of subdivision showing the proposed lot configuration, lot sizes, all easements and location of proposed boundaries. 
  • A design response showing the position of existing buildings on site and any proposed details ie site access to the new lot, indicative building envelope etc. 
  • A written response explaining your proposal, how it responds to the Hepburn Planning Scheme policies, zone and overlays, including a Clause 56 response if required.

  • Copies of any other relevant development or use permits.
  • If common property is being affected, the written consent of the unanimous resolution of the body corporate is required under the Subdivision Act 1988.  

What steps are involved in the subdivision process?

Step One – Planning permit for subdivision

Council has 60 days to assess the application for planning permit approval. The process may involve obtaining support from referral authorities (water, sewer, drainage) and public notice.  After that, a report is written and a decision is made on whether the permit will be granted.

If granted, the planning permit outlines specific conditions that must be met. These can include referral authorities' requirements, such as construction of vehicle crossings, drainage works and contribution towards open space where applicable. The planning permit may also request the submission of amended plans.

Step Two – Certification

Certification is an administrative step to ensure that the proposed plan of subdivision is satisfactory.

The plan of subdivision for certification is referred to the referral authorities who check whether easements are required for their services or if any other changes to the proposed plan are required.

If planning permit conditions require works to be undertaken (eg construction of roads, drainage and services), further plans such as engineering plans may be required. In these cases, the plan of subdivision is not certified until those plans have been approved.

Once the referral authorities have consented to the plan of subdivision and any other plans have been approved, the plan of subdivision can then be certified. A certified plan is valid for five years.  If the plan is not registered with Land Services Victoria (titles office) within that time, the plan expires.

Step Three – Statement of compliance

A statement of compliance is the document required to conclude the subdivision process.  It allows registration of the subdivision with Land Services Victoria (titles office) and the release of the new titles.

A statement of compliance is not issued until all conditions of the planning permit have been met. Conditions may include construction of drainage and vehicle crossings, and payment to all referral authorities for water, sewerage/drainage and electricity supply. 

When subdividing in an approved unit site development site, a final inspection of the completed units and landscaping may be carried out by Council before a statement of compliance is issued.

How do I obtain titles without developing the land?

Depending on the zone the land sits within and the size of the proposed lots, subdivision to create vacant lots may be possible as long as all the requirements of the Hepburn Planning Scheme and local policy can be met. Check the Hepburn Planning Scheme for further information. 

If a planning permit has been issued for the land that involves both subdivision and development, there will usually be a condition on the permit that allows the permit holder to enter into a Section 173 agreement with Council to undertake development on the site in line with endorsed plans after new titles have been issued. This agreement is made under the Planning and Environment Act 1987 and will be registered on the titles, binding any future owners of the land to the agreement.

Consent to the issue of a statement of compliance from all referral authorities is still required, even though there is no actual construction on the site. It is expected that any new lots created are essentially ready to be built on for the new owners ie tapping and sewerage connections, crossovers for access etc.  

Additional information

Additional information in relation to the subdivision process can be found on the Department of Transport and Planning (DTP) website.

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