A licensed Land Surveyor must prepare a Plan of Subdivision and related documentation for an application for a subdivision permit. This would usually include all relevant information required for your subdivision plans to be certified by Council officers. In most cases the Land Surveyor will 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.

Once Council has received consent to the issuing of a permit from the Servicing Authorities (water, sewer, gas, telephone, drainage) a report is written and a decision made on whether the permit will be granted.

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.

The planning permit application is formally assessed and a decision is made.

An application for subdivision of 3 or more lots may attract a Public Open Space Contribution. There may be some cases where a subdivision of less than 3 lots attracts a Public Open Space Contribution. This is where officers determine that the newly created lots are large enough to be possibly further subdivided.

The Planning Permit outlines 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. The Planning Permit may also request changes to plans, which required the submission of amended plans.

Under the Whitehorse Planning Scheme, there is a mandatory requirement for a Public Open Space contribution, which is determined at 4% of the land value. Subdivision of land on a strategic site (as defined by the Whitehorse Open Space Strategy, Council or State Government), may attract a higher open space contribution than 4%.

Once a subdivision permit is issued, a Plan of Subdivision must be certified. Certification ensures that the Plan of Subdivision is satisfactory. Referral to service authorities ensures that any requirements by the service authorities for the provision of services are identified and requested (such as easements).

If conditions on the permit requir works to be undertaken like construction of roads, drains or services, engineering plans may be required to be assessed by Council prior to certification being issued. Any work that affects the road reserve or a drainage easement must be approved with a Council permit before work begins.

Once the Servicing Authorities have consented to the Plan of Subdivision and Engineering plans have been approved (where and if required) the plan may be Certified. A Certified Plan is valid for five years. 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 new lots to be created and lodged with the Land Use Victoria (Titles Office) to release the titles for the new lots.

Council will issue a Statement of Compliance once all the conditions of the planning permit have been met including:

1. Each referral authority has consented to the issue of Statement of Compliance
2. Engineering Plans have been approved (where and if required)
3. Approved Compliance Inspection from a Council Planning Officer
   
   1. Landscape Inspection
   2. Building Inspection (compliance with planning permit plans)
4. 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)
5. Public Open Space Contribution has been paid
6. 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 more than two inspections are required to achieve compliance with the conditions of the planning permit, additional fees may be required.

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

Your solicitor or land surveyor will lodge the certified plan and Statement of Compliance to Land Use Victoria for separate titles to be issued.

Obtaining separate titles before construction of the buildings

If subdividing prior to the commencement or completion an approved development, a Section 173 Agreement under the Planning and Environment Act 1987 can be entered into by the owner with Council, which requires the approved development to be completed in accordance with the approved development permit, even once the land is subdivided. This agreement stays with the land and is registered on the certificate of title for all newly created lots under a subdivision permit. This ensures that even if a lot is subdivided, that new owners are aware that buildings constructed on these lots comply with the approved development permit.

Consent to the issue of a Statement of Compliance from all Servicing Authorities is still required, even if there is no actual construction on the site. Drainage and driveways (and any other public works) may still need to be constructed to enable the Statement of Compliance to be issued, even if a S173 Agreement is entered into.