Subdivision of multi-dwellings
In most instances you will be required to apply for a planning permit for the development of the land (for example, the construction of a second dwelling on a lot) before applying to subdivide the land. This is to ensure that no subdivision occurs that may leave the owner of the new parcel of land unable to develop the land because it is unsuitable for a dwelling.
If the planning permit is approved for the development of two or more dwellings, subdivision is normally a straightforward process and will be dealt with as a separate planning permit application.
It's important to note that there are big differences between subdividing in residential areas with good access to services and facilities, and rural areas where the further subdivision of land may not be possible.
Lot size requirements
The Casey Planning Scheme outlines the minimum lot sizes for different areas. All applications will also need to comply with the requirements under Rescode. These standards are outlined in Clause 56 - Residential Subdivision of the Casey Planning Scheme.
In most instances it is the approved development of the land that justifies a subdivision and often the minimum lot size for subdivision will be determined by the layout of the development that has been approved for the site.
Building envelope restrictions
Sometimes when land is subdivided a building envelope is placed, as a restriction on the title of the land.
A building envelope shows the outline of where buildings can be built, including the setbacks to the property boundaries, what the maximum area of a building footprint can be and sometimes the number of storeys a building is limited to, or its total height.
The only way to find out if a building envelope applies to your property is by obtaining a copy of the Certificate of Title to the land. Council does not keep records of property titles. To obtain a copy of title please visit the Landata website.
Public open space contribution
An application for subdivision may require a Public Open Space Contribution, under Clause 52.01 – Public Open Space Contribution and Subdivision of the Casey Planning Scheme or Section 18 – Council may require public open space of the Subdivision Act 1988.
The contribution will be one of the following:
- The provision of land for the purpose of public open space.
- A cash contribution of a percentage of the site value of the land at the rate identified in the scheme or Act.
- A combination of both.
Although most 2-lot subdivisions are exempt from Public Open Space Contribution requirements, this is on the provision that Council considers it unlikely that each lot will be further subdivided. All exemptions are listed under Clause 52.01 of the Casey Planning Scheme or Section 18 of the Subdivision Act 1988.
Lodge your engineering plans
After we have approved your planning permit development or subdivision master plan, you will need to lodge your engineering plans.
Talk to us
We’re here to help you with your subdivision questions. To talk to the planner on duty: