A licensed Land Surveyor must prepare a Plan of Subdivision and related documentation for an application for a subdivision permit.  Subdivision is complicated and has certain legal requirements therefore, a Land Surveyor will need to lodge your application on your behalf and will liaise with Council officers throughout the process.

The subdivision permit process involves two parts which are commonly lodged at the same time;

1.    Subdivision permit application

2.    Certification application (leading to a Statement of Compliance)

When a subdivision application is lodged Council will refer the application to all relevant service authorities such as Yarra Valley Water, Melbourne Water, Multinet Gas and United Energy. These authorities have 28 days to respond to Council stating whether they consent to the proposal. Service authorities will usually require that planning permit conditions be placed on a subdivision permit. Consent must be obtained from all authorities before a Subdivision Permit can be approved.

If the subdivision plan is following the issue of a development permit (ie. the subdivision reflects the new dwellings approved) the application will not require advertising. If a subdivision application seeks to subdivide land without an approved development permit (vacant land subdivision), the normal advertising process occurs, as outlined in the explanation of the planning permit process.

Once Council has received consent to the issuing of a permit from the Servicing Authorities (water, sewer, gas, telephone, drainage) ad Council has all of the information they need, the planning permit application is formally assessed and a decision made.

If granted, the Planning Permit will outline specific conditions that must be met. These can include service authorities and other Council requirements, such as connections to telecommunication and utilities infrastructure, construction of vehicle crossings, drainage works and contribution towards open space where applicable. 
 

An application for subdivision may require a Public Open Space Contribution, under Clause 53.01 Public Open Space Contribution and Subdivision or Section 18 – Council may require public open space of the Subdivision Act 1988.

Although most 2-lot subdivisions are exempt from Public Open Space Contribution requirements, this is on the provision that Council considers it unlikely that each lot will be further subdivided.
 

Once a subdivision permit is issued, a Plan of Subdivision can be certified. Certification ensures that the Plan of Subdivision is satisfactory under the Subdivision Act 1988. If it meets the requirements and the service authorities accept the plan, it will be certified.  A Certified Plan is valid for five years from the date of certification. If the plan is not registered at the Titles Office within that time, the plan expires.
 

A Statement of Compliance is the final part of the subdivision process. A Statement of Compliance allows for the certified plan and documentation to be lodged with the Land Use Victoria (Titles Office) to issue titles for the new lots.

Council will issue a Statement of Compliance once all the conditions of the planning permit are met, which can include:

1. Each referral authority has consented to the issue a Statement of Compliance
2. Approved Compliance Inspection from a Council Planning Officer
   
   1. Landscape Inspection
   2. Building Inspection (compliance with planning permit plans)
3. Engineering Clearance from Council Civil Works Inspector. This can only be booked if the following permits have been issued first:
   
   1. Asset Protection Permit
   2. Vehicle Crossing Permit (Consent to Undertake Works in the Road Reserve)
   3. Drainage Permit (Consent to Undertake Works in the Road Reserve OR Easement)
4. Public Open Space Contribution has been paid
5. Any requirements to enter into a Section 173 Agreement have been met.

To organise a Compliance Inspection from a Council Planning Officer please contact the Planning and Building Department on 9262 6303. If a reinspection for compliance of the planning permit is required, additional fees may be applicable.

To book an Engineering Clearance inspection contact Engineering Administration on 9262 6177. 

A Statement of Compliance is issued once all the conditions of the planning permit have been met. A Statement of Compliance allows your solicitor or land surveyor to lodge the certified plan and Statement of Compliance documents to Land Use Victoria for separate titles to be issued.

Should separate titles be required prior to construction, please contact the subdivision officer on 9262 6303.