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 variation, 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.
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:
- all conditions have been met or satisfied
- all relevant servicing authorities have consented to the certification
- a plan of subdivision accords with the planning permit and endorsed plans
- a licensed surveyor has signed-off
- the Public Open Space Contribution, if relevant, has been paid
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.
Subdivisions should ensure car parking is allocated as part of a lot that 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 the 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 a subdivision that is not specifically exempt.
This is set out in clause 53.01 in the Port Phillip Planning Scheme.
Servicing and subdivision authorities
- South East Water
- Melbourne Water
- CitiPower or United Energy
- Multinet Gas
Council departments who comment on subdivisions are:
- Geospatial Information Specialist (GIS)
If you have any queries about or need assistance with the subdivision process, please contact us: