Subdivision

When development has been approved for more than one dwelling or commercial use on a title, the owner or owners will usually wish to subdivide the land and gain new titles for those new or proposed buildings.

Generally, if an owner wishes to amend their title, the approval of Council will be required through a planning permit and certification process. Council is required to consider applications for

  • planning permit subdivision
  • consolidation of land
  • easement variatio, creation or removal
  • restriction variation creation or removal.

All such applications are made to Council through the online SPEAR system (Surveying and Planning through Electronic Applications and Referrals) by a licensed Land Surveyor.

Once Council has completed the planning permit and certification processes, a plan be lodged at the Land Use Victoria for registration.

Council’s Subdivision Policy is contained within the Port Phillip Planning Scheme, which sets out Council’s requirements.

Assessment process

Typically, the subdivision assessment process involves:

  • ensuring the subdivision accords with an approved or existing development
  • ensuring the lots are provided with essential services
  • ensuring car parking is allocated
  • ensuring suitable access is provided to each lot
  • consideration of any easements affected, or proposed to be created, removed or altered
  • consideration of any restrictions affected, or proposed to be created, removed or altered
  • consideration of fire rating when subdividing an existing building.

Once all conditions have been met or satisfied, you can start to seek certification through a Statement of Compliance.

Statement of Compliance

Council will issue a Statement of Compliance once plans have been certified.

Plans can only be certified when:

As part of the certification process, Council must provide the applicant and Land Use Victoria with the new street addresses. The addresses are allocated by Council’s Valuation department in accordance with the guidelines for Geographic Names.

Once a Statement of Compliance has been issued, the title can be lodged by the applicant with Land Use Victoria. The certified plan will form the basis of the new or amended title.

Parking

Subdivisions should ensure car parking is allocated as part of a lot which contains a dwelling or commercial entity, or are contained in common property

If not specifically provided on the Plan of Subdivision, a condition will require that:

  • car parking spaces are allocated in accordance with previous development approvals.
  • car parks will be tied to the relevant dwelling or commercial unit
  • visitor parking will be within common property, located logically and conveniently within the car park for visitors, and be accessible for those visitors.

Public Open Space Contribution

The Port Phillip Planning Scheme requires the payment of a 5 per cent Public Open Space Contribution (or 8 per cent in Fishermans Bend Urban Renewal Area) to be included as a condition on any planning permit for subdivision that is not specifically exempt.

This is set out in clause 52.01 in the Port Phillip Planning Scheme.

Servicing and subdivision authorities

Servicing authorities in the City of Port Phillip include:

  • South East Water
  • Melbourne Water
  • CitiPower or United Energy
  • Multinet Gas
  • VicRoads

Council departments who comment on subdivisions are:

  • Engineering
  • Building
  • Valuations
  • Rates
  • Geospatial Information Specialist (GIS)

Need help?

If you have any queries about or need assistance with heritage or the Port Phillip Heritage Review, please contact us:

Email: planhelp@portphillip.vic.gov.au
Phone: 03 9209 6424
In person: visit the Planning and Building Counter at St Kilda Town Hall between 8.30 am and 5 pm Monday to Friday

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