SUBDIVISIONS

Subdivision includes applying to create additional lots, realignment of a title boundary between sites, and consolidation and removing of a restriction (such as a restrictive covenant) from the title.

The Planning and Environment, Subdivision and Transfer of Land Acts provide the legislative basis for the assessment of subdivision applications and the Ballarat Planning Scheme determines if a planning permit is required.

You are advised to contact the Statutory Planning unit to determine if a subdivision permit is required and the minimum lot sizes and dimensions permitted in any particular zone.

Guidelines for subdivisions can be found in the IDM. The IDM as well as other useful information can be found on the Engineering Development page of this web site. 

New requirements for all subdivisions that include a civil works component have been introduced as part of the Infrastructure Design Manual (IDM).  New requirements include:

• Minimum road reserve width (18m for local roads)
• Payment of a bond to Council to the value of 5% of the cost of civil works to be used by Council for rectification of any design and construction defects during the defects liability period.
• Drainage Specifications
    
• All overland flow path(s) need to be shown clearly on the submitted plans and need to be assessed against the safety criteria outlined in Appendix A Floodway Safety Criteria in Melbourne Water’s Land Development Manual (http://ldm.melbournewater.com.au/content/appendices/appendix_a.asp).

• The minimum Average Recurrence Interval (ARI) for designing underground drainage systems is 1 in 10 yr (not 1 in 5 yr ARI as stated in the IDM).

 Subdivision Street Tree Requirements

Street trees are integral to the character and appearance of Ballarat’s urban landscape, both in established areas as well as new growth areas on the urban periphery.  To ensure appropriate street tree provision in subdivisions, Council by way of permit condition requires permit holders to:

• Prepare a plan for the provision of street trees at locations approved and endorsed by Council;
• Prior to the issue of a Statement of Compliance, plant the required street trees in accordance with the endorsed plan.  A maintenance bond in the amount of $500 per street tree must be provided to Council. The bond is returned eighteen (18) months after completion of planting and
  maintenance works to the satisfaction of the Responsible Authority; or
• Prior to the issue of Statement of Compliance, pays Council $750 per street tree for their provision and eighteen (18) month maintenance period.  This payment is not a bond and therefore is not returnable.    Council thereafter plants and maintains all required street trees at its discretion. 

 Public Open Space Contributions

Council is experiencing land use and development pressures resulting from population growth, which results in an increased demand for public open space usage.

In order for Council to meet its future open space needs, Council currently requires a contribution of 5% for all residential subdivisions (other than two lot subdivisions that cannot be further subdivided) and 2% for all commercial and industrial subdivisions.  For land in the Urban Growth Zone the contribution is 10%.

The contribution must be either (a) unencumbered land set aside and is a percentage of all of the land in the subdivision;  or (b) be paid to Council as a percentage of the site value of all the land in the subdivision.  If providing a monetary contribution it must be paid to Council prior to Statement of Compliance. 

Open space contributions are required by way of condition on subdivision permits.

Guide to Subdivision process

Guide to Subdivision checklist