Subdivision of land and buildings
The council's subdivision department handles applications for the subdivision and consolidation of land and the creation, removal and variation of easements and restrictions.
All applications and plans lodged pursuant to the Subdivision Act 1988 must be prepared by a licensed land surveyor. All applications lodged are considered under the relevant legislation, most commonly the Planning and Environment Act 1988 and/or the Subdivision Act 1988, and, where necessary, other related legislation.
The council has guidelines, strategies and policy in which to consider applications. Most commonly, the Subdivision Guidelines and the Open Space strategy are used when considering a subdivision application.
If the application is granted approval, and proceeds, there is a change to the status of the land and/or building. The subdivision process enables development constraints and opportunities to be identified. It also allows the application to be dealt with in a manner which is consistent with other related legislation and council objectives, guidelines, strategies and policy.
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The subdivision process
The majority of subdivision applications require two processes be followed prior to the applicant being able to lodge a 'Plan of Subdivision' (or other type of plan as mentioned above) at the Land Titles Office for the creation of separate titles.
- Application for Planning Permit, the legislative basis being the Planning and Environment Act 1987.
- Application for certification, the legislative basis being the Subdivision Act 1988.
Subdivision applications are to be preceded by a planning permit allowing development and use of the site. The subdivision proposal must be in accordance with the development and use permit.
A subdivision which proposes to create a vacant lot will generally not be supported by the council. The council prefers to know how the site is to be developed. This is why the development and use permit should precede the subdivision application.
Where the proposal is to subdivide existing buildings on a site, a development and use permit may not be required.
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Referral and advertising
The majority of subdivision applications need to be referred to service authorities. These include South East Water, Melbourne Water, CitiPower or United Energy, Telstra, Multinet Gas and other authorities such as VicRoads. The council also refers all subdivision proposals to relevant council departments such as engineering, building, valuations and the traffic engineering department.
Advertising to nearby property owners may be required for any application and must be carried out in accordance with the Planning and Environment Act 1987.
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Planning permit conditions
The council must impose on a planning permit that allows subdivision any condition that is required by a referral authority.
The council may also impose conditions it considers necessary for the proper and orderly planning within the municipality.
Conditions may include:
- The payment of a contribution toward public open space
- Allocation of car parking lots
- Engineering works
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Public open space contributions
A Public Open Space contribution is required with most subdivisions. In determining a percentage (a maximum of five per cent of land value is normally payable), consideration is given to Section 18(1A) of the Subdivision Act 1988 and the City of Port Phillip Open Space Strategy.
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Car parking
The councils subdivision guidelines require that:
- Carparking be provided according to the land use and development planning approval (for consistency in approvals).
- Carpark spaces are 'tied' to the units.
- Visitor parking spaces are grouped and are located near the front entrance to the carpark for ease of accessibility. Visitor spaces are to remain in body corporate ownership to ensure they are used for visitor parking purposes.
Subdivision applications which do not meet these requirements may not be approved.
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More information
Use eServices to ask us a question, request information or give us feedback online. If you prefer call ASSIST on (03) 9209 6777 or TTy (03) 9209 6713 and ask for Planning and Building Services or visit us at City of Port Phillip, St Kilda Town Hall 99A Carlisle Street ST KILDA VIC 3182
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