Subdividing your land
You may need the approval of Mitchell Shire Council before land and/or buildings can be subdivided or consolidated. You may also need approval to create or remove easements (an easement being a right held by a person to use another's land for particular purposes, such as access and drainage).
Subdivision is complicated and has certain legal requirements. We recommend you engage a land surveyor to oversee the application process.
The subdivision process
The subdivision process through the Mitchell Shire Council involves:
The granting of a planning permit allowing subdivision. If issued, this will set the general parameters and conditions for final approval of the subdivision.
An approval by Mitchell Shire Council of a formal plan of subdivision that has been prepared by a licensed surveyor, as required under the Subdivision Act 1988. That plan has to be certified/signed by the Mitchell Shire Council and has to be compliant with the planning permit and contain any requirements of particular servicing authorities. Completion of this stage allows any subdivision works to commence that have not already been completed as part of a development permit, including roads, footpaths and drainage to name a few.
Statement of Compliance:
The issue of a statement of compliance for the subdivision as required under the Subdivision Act 1988. This shows evidence of compliance with all public work requirements of the permit, which primarily are those of the servicing authorities. This ends Mitchell Shire Council’s role in the process.
Lodging your application – SPEAR
Everyone benefits if applications are lodged and managed under Streamlined Planning through Electronic Applications and Referrals (SPEAR).
Many issues have to be addressed and managed within the subdivision process to ensure responsible title arrangements are created. In addition to the provision of prescribed fees, forms, and documentation, these may include or involve:
- payment of a public open space contribution to the Mitchell Shire Council
- building surveying input
- provision of servicing and infrastructure information
- subdivision overlays on architectural plans
- Clause 56 ('Rescode') information
- effects on the Council’s roads assets
- owners and owners’ corporation consents
- addressing of lots and road naming
- legal agreements
- public road, drainage and service works