All applications for subdivision of land and boundary adjustments must be lodged for assessment by the Council.
Development approval is required to undertake a subdivision or land to divide it into separate blocks or to alter existing boundaries or amalgamate existing properties.
A subdivision involves the division of land to create additional lots. Under the Huon Valley Interim Planning Scheme 2015, the subdivision standards will be contained under the respective zone provisions. The subdivision standards will include minimum lot size requirements, minimum building area requirements, minimum frontage requirements and lot configuration requirements. These standards will vary depending on the zoning of the land. In order to determine the zoning of your land either refer to the Tasmanian Government’s website www.iplan.tas.gov.au or alternatively contact Council’s Customer Service Unit.
A boundary adjustment is the reorganisation of existing title boundaries such that the total number of titles remains the same as prior to the development occurring. Boundary adjustments are often required to rectify a boundary encroachment issue, to rectify a boundary to correspond with fencing arrangements and to provide neighbours with additional land to enhance the development potential of their land.
Clause 9.3.1 of the Huon Valley Interim Planning Scheme 2015 requires a boundary adjustment to comply with the following criteria:
- No additional lots are created,
- There is only minor change to the relative size, shape and orientation of the existing lots,
- No setback from an existing building will be reduced below the applicable minimum setback requirement,
- No frontage is reduced below the applicable minimum frontage requirement, and
- No lot boundary that aligns with a zone boundary will be changed.
Should the proposed boundary reorganisation not be capable of satisfying the above mentioned criteria then the boundary adjustment will be required to be treated as a subdivision therefore the subdivision standards relevant to the zoning of the land will apply.
The following information must be submitted with any application for a boundary adjustment or subdivision of land:
Council’s application form must be completed and signed by the applicant.
If the applicant is not the owner then the applicant must notify the owner that they intend to lodge the application on their land (a declaration to this effect is included on Council’s application form).
If the land is owned by the Crown or the Council then the application form must be signed by either the Minister (for Crown Land) or Council’s General Manager (for Council land) and written permission for the application to be lodged must also be provided. An application will not be valid until this occurs. If Crown consent is necessary then you should contact Crown Land Services on (03) 6233 6413. If Council’ consent is necessary please write to Council’s General Manager prior to lodgement with details of the proposal.
If your proposal involves the use of a Crown reserved road then consent from the Crown will be required in order to validate your application.
A Certificate of Title for all land involved in the application.
This consists of the Folio Text, Folio Plan and Schedule of Easements.
A subdivision plan showing the following for all lots (including balance):
- Dimensions and areas of all lots,
- Location and use of any buildings, including setbacks to proposed lot boundaries,
- Details of how land in the vicinity is used (for example residential, quarry, forestry, orchard etc.),
- Details of any existing vegetation on the site and adjoining land,
- The position of any existing or proposed vehicular access, including sight distance,
- Any road improvements or new road works,
- Any existing and proposed water, sewer and stormwater services and easements,
- Any existing and proposed telecommunication and electricity services and easements.
The following information may be required with any application
- A Bushfire Hazard Management Plan prepared by a suitably qualified person or endorsed by the Tasmanian Fire Service. This will be required if your land is within 100m of bushland greater than 1ha in size.
- A statement from a suitably qualified person considering the risks associated with unstable land (please see the separate Info Sheet providing greater details on this issue).
- A statement from a suitably qualified person considering the risks associated with flooding (please see the separate Info Sheet providing greater details on this issue).
- A Site and Soil Evaluation and preliminary system design prepared by a suitably qualified person demonstrating that each lot is capable of supporting development and onsite wastewater disposal. Further information can be found on Council’s website under Environmental Health.
- If your land is within a residential zone you may be required to provide a plan demonstrating that the proposal will not jeopardize future subdivision of the land.
- Traffic Impact Assessment if your proposal may significantly increase traffic movements.
- An Environmental Values Report if your proposal may impact on conservation values.
- A Soil and Water Management Plan (SWMP).
- Details on the history of the site particularly any activities that may have lead to site contamination (for example, fuel storage, pesticide mixing or storage, mechanical repair workshops).
- An Aboriginal Heritage Assessment.
- A European Heritage Assessment and/or approval of the Tasmanian Heritage Council.
- A Land Capability Assessment addressing the potential agricultural use of the land and any impacts that the proposal may have on this potential (and the potential of adjoining land).