Information for Potential Subdividers

Introduction

Subdivision of land includes creating additional lots, adjusting boundaries between lots and the amalgamation of lots.

The subdivision potential of your land depends on the zoning of the land. The Huon Valley has three different planning schemes:

Huon Planning Scheme 1979

Port Cygnet Planning Scheme 1988

Esperance Planning Scheme 1989

Within the three schemes there are a number of different zonings. Typically within the towns land is zoned:

Residential - around the outer limits of the towns Low Density or Rural Residential, and then Rural zones.

Residential land generally requires the property to be serviced by Council's reticulated water and sewer schemes with sealed roads.

Low Density or Rural Residential land is generally larger lots requiring onsite effluent disposal (eg septic tank/AWTS etc). If Council has reticulated water or sewerage to the area then this must be provided to the new lots.

Rural land generally requires subdivision of large lots with Council unlikely to be able to provide water and sewerage services.

What is the subdivision process?

Step 1: Initial Advice

Contact Council to determine the zoning of your property and whether you are able to subdivide.

Step 2: Lodgment

Contact a Surveyor who will prepare an application on your behalf and submit it to Council. If a Surveyor submits the application on your behalf then any queries that Council may have will be directed to the Surveyor.

Council imposes fees for consideration of subdivision application. The amount of fees payable are dependant upon the type of application type and must be paid at the time of lodging the application. Generally they are based upon the number of lots.

Step 3: Assessment

Following lodgment with Council, the application will be assessed to ensure that all the required information has been provided. If not then a request for further information will be forwarded to the applicant.

Further information may include:

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• Traffic Impact Assessment for an application that may have an impact on local traffic (eg a 10 lot subdivision).

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• Bushfire Protection measures for subdivisions in rural areas.

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• A Geotechnical Assessment in relation to land stability.

Step 4: Advertising

When all information has been received then Council will advertise the application in 'The Mercury' newspaper.

In addition a letter will be sent to the adjoining property owners and occupiers advising that an application has been lodged with Council and a notice will be placed on all road boundaries of the property boundaries.

For a period of 14 days after the advertisement, persons can lodge a representation to the subdivision (regardless of whether or not they are adjoining owners).

During this period Council will also refer the application to the necessary State Government authorities (eg Department of Infrastructure, Energy and Resources if the access is off a State highway).

Step 5: Decision

If no representations are received then Council's Planning Officer will prepare an assessment report and provide a recommendation as to whether the application should be approved or refused.

If the recommendation is for approval then the General Manager or his delegate can make the decision to approve the application. If approved, a Planning Permit will be issued.

If representations have been lodged or Council's Planning Officers recommend refusal of the application, then it will be referred to a Council meeting where the full Council will either approve or refuse the application. If approved, a Planning Permit will be issued.

Depending on the Council's decision, certain appeal rights apply. See Step 7 below.

Step 6: Approval of Application

When a Planning Permit is issued, the Permit will include a number of conditions that must be completed prior to the Final Plan of Survey being forwarded to the Recorder of Titles.

Typical conditions will include, but are not limited to, the following:

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• Connection of each lot to Council's water and sewer systems at the subdivider's expense, if these services are available.

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• Construction of new accesses and upgrading of existing accesses to the standards required by Council.

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• For subdivisions that require new roads including kerb and channel and footpaths etc, then all works must be undertaken at the subdivider's expense. For this size subdivision it is likely that engineering design plans will be required to be submitted to Council for approval before commencement of any works.

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• A 'public open space' contribution will also be required if additional residential lots are created. For small subdivisions this will generally be in the form of a 'cash contribution' but there will be some that actually provide opportunities to set aside public open space for recreational or conservation purposes.

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• In rural areas, Bushfire Protection measures may have to be completed, such as constructing passing bays on access roads.

Step 7: Appeal rights

If Council does not approve a subdivision, or a Planning Permit has been issued containing conditions that the applicant is not happy with, then the applicant has the right to lodge an appeal with the Resource Management and Planning Appeal Tribunal within 14 days of Council's decision.

If an application has received representations and Council approves the application, any persons who lodged a representation can lodge an appeal against Council's decision within 14 days of Council's decision.

If an appeal is lodged then the Tribunal will formally consider the appeal and following the completion of their process will make the final decision as to whether or not to approve the application.

Step 8: Final Plans and issue of new title

Once a subdivision has been approved the subdivider must satisfy all conditions of approval. The surveyor will then lodge the Final Plan of Survey and Schedule of Easements with Council. Council's Planning Officers will check the Final Plan and the Schedule of Easements to make sure that they comply with the conditions of the Planning Permit. It is the subdividers' responsibility to notify Council and other relevant authorities once the works have been completed.

Once all conditions have been satisfied, the Final Plan and Schedule of Easements will be forwarded to the Land Titles Office.

It is the subdividers' responsibility to ensure that all conditions of approval have been satisfied and the Final Plan WILL NOT be sent to the Land Titles Office until the work has been completed.

Step 9:

Once the new titles for the lots have been issued, all lots will be separately valued by the State Valuer-General.