This guide replaces The New Subdivision Act – A User’s Guide, Published in 1989 by the Ministry for Planning and Environment, October 1989.
The current system for the approval of subdivisions has been in place in Victoria since the introduction of the Subdivision Act 1988.
The Subdivision Act sets out the main elements and procedures for the approval of plans of subdivision, including procedures for the certification and registration of plans.
The purpose of this guide is to provide advice and guidance to councils, servicing agencies and referral authorities on the subdivision approvals system and their responsibilities under the Subdivision Act and the Planning and Environment Act 1987.
Although, the guide is principally focused on the approval process administered by councils, it also seeks to assist people who are not familiar with the subdivision approvals system or the steps involved in seeking approval of a plan.
Subdivision Act User Guide
CONTENTS
- INTRODUCTION
1.1 Purpose of the guide
1.2 The guide
1.3 The subdivision approval process
- SUBDIVISION & THE PLANNING SYSTEM
2.1 Overview
2 2 The role of council
2.3 Operation of planning schemes
2.4 Planning permits for subdivisions
2.5 Do all subdivisions require a planning permit?
2.6 The permit application process
2.7 Permit conditions
2.8 Section 173 agreements
2.9 Can the planning permit and certification processes run together?
- REFERRAL OF APPLICATIONS & PLANS
3.1 Overview
3.2 When should an application and plans be referred?
3.3 Referral of a planning permit
3.4 Referral of application for certification
3.5 When must a referral authority respond under the Planning and Environment Act?
3.6 When must a referral authority respond under the Subdivision Act?
3.7 What must a referral authority do?
3.8 Why must a plan be referred again at the certification stage?
- CERTIFICATION OF PLANS
4.1 Certification
4.2 Can a plan be certified before or al the same time the planning permit is considered?
4.3 Applying for certification
4.4 What are the plan numbers and how do they work?
4.5 How long does council have to certify a plan?
4.6 How long does a referral authority have to respond to a plan?
4.7 What if a referral authority requires changes to a plan?
4.8 Can a plan be altered after it is submitted for certification?
4.9 What if the requirements of a council and a referral authority conflict?
4.10 Can alterations or more information be requested at the certification stage?
4.11 What happens if a referral authority does not respond in the prescribed time?
4.12 What options exist for a referral authority when considering plans submitted for certification?
4.13 Must a council certify a plan?
4.14 Can decisions under the Subdivision Act be appealed?
4.15 What Is the life of a certified plan?
4.16 Council must keep a register
4.17 Certification of plans before commencement of works
4.18 Consent of owner required for certification application
- OWNERS CORPORATIONS & COMMON PROPERTY
5.1 Overview
5.2 What is common property?
5.3 What is an owners corporation?
5.4 How is an owners corporation created?
5.5 What must a plan specify to create an owners corporation?
5.6 What are limited and unlimited owners corporations?
5.7 Altering a subdivision affected by an owners corporation
5.8 What are ‘unanimous’ and ‘special’ resolutions?
5.9 When is a special resolution and a unanimous resolution required?
5.10 Applications dealing with common property
- REQUIREMENTS FOR WORKS & OPEN SPACE
6.1 Overview
6.2 How are works requirements placed on subdivision proposals?
6.3 Conditions or agreements
6.4 Are agreements made under planning or subdivision legislation?
6.5 Time to consider engineering plans for works requirements
6.6 Can alterations be requested to an engineering plan?
6.7 Approval of works plans
6.8 Construction and maintenance of works
6.9 What are works?
6.10 When can construction of works for the subdivision take place?
6.11 When do engineering works become the responsibility of the council or another agency?
6.12 What open space requirements can be made under the Subdivision Act
6.13 Are some subdivisions exempt from open space requirements?
6.14 Can a council require more than five per cent as an open space requirement?
6.15 Can the open space contribution be used for purposes other than open space provision?
6.16 Registrar of open space contributions
- STATEMENTS OF COMPLIANCE
7.1 Overview
7.2 When should a subdivision be ‘marked out’ or ‘pegged’?
7.3 When must a statement of compliance be issued?
7.4 When can a statement of compliance be issued if no works are required?
7.5 How is a statement of compliance issued for stages of a staged subdivision?
7.6 Can requirements be tied to a certain stage of a subdivision?
- SPECIFIC SUBDIVISION MATTERS
8.1 Procedural plans
8.2 Easements, restrictions and reserves
8.3 How do staged subdivisions work?
8.4 The Subdivision Act and the land acquisition process
8.5 Building Envelopes
8.6 Online processing of subdivision applications – SPEAR
- FEES AND OTHER CONTRIBUTIONS
9.1 What fees may a council charge for subdivision proposals?
9.2 Can a council or referral authority charge for the preparation or checking of plans?
9.3 Can a council or referral authority charge for the supervision of works?
9.4 Can a council waive or reduce a fee?
9.5 Other subdivision fees
9.6 Growth Areas Infrastructure Contributions
9.7 Development Contributions Plan Overlay
9.8 Open space contributions
APPENDICES
P1 The Planning Process
S1 The Certification Process
S2 Subdivision works
S3 Statement of Compliance
Link to updated version of Users Guide
Version 2012
ISBN 978-1-921940-79-8 Published by the Victorian Government Department of Planning and Community Development Melbourne, November 2012. © The State of Victoria Department of Planning and Community Development 2012.