Guide to Subdivision Approval

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The Planning and Environment, Subdivision and Transfer of Land Acts provide the legislative basis for the assessment of planning permits for creation of additional lots, re-alignment of boundaries, consolidation of land, removal and creation of easements and removal of covenants and restrictions.

The Ballarat Planning Scheme determines whether a planning permit is required for the subdivision of land.

You should check with our Statutory Planning Services Unit to determine whether a permit is required and the minimum lot sizes and dimensions permitted in any particular zone.

Subdivision Process

There are usually two parts of the subdivision process:

1. the application for and issue of the planning permit
2. the submission and certification of formal plans (including the issue of the Statement of Compliance)

If a planning permit is required, a Planning Permit Application Form (PDF - 773KB) must be completed and submitted with the appropriate fee, copy of title report (if required), and three (3) sets of plans to scale (no larger than A3 in size), showing proposed lot boundaries as well as a feature map showing: (as appropriate)

• existing buildings
• dams
• existing areas of fill (if known)
• site levels
• drainage lines or water courses
• significant vegetation
• any other information as determined by the zone provisions

While plans do not need to be undertaken by surveyors at this stage, it is certainly preferable and will, in all likelihood, save time overall.

Applications are referred to nominated agencies (referral authorities) i.e. Central Highland Water, Powercor, TXU, Telstra and VicRoads (if required) to determine requirements. Within Council, applications are also referred to Technical Operations, Building, Environmental Health, and Strategic Planning for comment, depending on their nature.

After the elapsed 35 day referral period*, Council is in a position to consider the application and issue a permit subject to conditions, or refuse the permit. Our staff can advise you of appeal provisions, should an application be refused, or if the permit conditions are considered inappropriate.

If a permit is issued, the second part of the process begins, following the submission of formal plans (2 signed copies and 2 unsigned) which need to be prepared by a surveyor.

Council certifies the formal plans after referral to and approval from the referral authorities (this enables lots to be pre-sold and indicates the plans are correct); and Council issues a Statement of Compliance which indicates all referral authority and Council conditions have been met (as detailed in the permit) and that Titles can be created by the Land Titles Office. The second part of the process (submission of formal plans etc) can run in tandem with the planning permit application,

* see fast track approvals (below)

Council Consideration

The issue of planning permits and determination of conditions will be based on a number of factors including:

• Strategic Policy (i.e. Ballarat Strategy Plan 1998)
• Environmental conditions (slope, fire & erosion risks, native vegetation, location of streams, disposal of effluent, etc)
• Planning Scheme requirements
• Planning Policies (on-site stormwater detention & Open Space levies, etc)
• Referral authority requirements

After the permit has been issued, the second part of the process begins involving two stages - issuing of a Certified Plan (needs to be provided by land surveyor) after approval from the referral agencies and enables lots to be pre-sold and indicates the plans are correct, and issuing a statement of Compliance which indicates all authority (letter of release required) and Council requirements have been met and that Titles can be created by the Titles Office.

The second part process can usually run in tandem, particularly if plans are initially prepared by a surveyor.

Fast Track Approvals

The assessment of applications can be fast tracked if the applicant negotiates directly with the referral authorities. This should be discussed with the Statutory Planning Unit first to determine requirements. Written advice from the referral authorities needs to be provided in all instances.

Pre-application meetings with our Statutory Planning and Technical Operations Section to determine likely requirements should also reduce the time for planning permit consideration and assessment of plans.

Fees

Refer to Permit Fees & Costs.