Top 5 things you need to know before you subdivide your land
May 30, 2024by coronaprojects..Blog
1. How to Subdivide Your Property
Subdivision is the process of dividing a larger piece of land into two or more smaller parcels for the purpose of constructing multiple buildings or structures.
Land subdivision can be a great option for both developers and landowners to generate wealth from their land or to propose additional development in the future.
The most common ways to subdivide land are:
- Infill Subdivision and
- Greenfield Subdivision
What’s the difference between Infill and Greenfield Subdivision?
Infill Subdivision
An Infill Subdivision involves dividing an existing parcel of land within an already developed urban area into smaller lots for further construction or development.
A common example of an Infill Subdivision could be subdividing the rear of a large residential property to create a developable vacant site.
Greenfield Subdivision
A Greenfield Subdivision refers to the development of an undeveloped or rural piece of land, into smaller lots for housing, commercial, or industrial purposes.
Unlike Infill Subdivisions, which occur within already developed areas, Greenfield Subdivisions involve the construction of entirely new infrastructure, including roads, utilities, and public services, to support the new development.
Local governments and planning authorities often regulate greenfield development through zoning laws, environmental assessments, and infrastructure planning to mitigate potential negative environmental impacts and promote sustainable growth.
2. What Land Titles Apply When Subdividing a Property?
Land subdivision results in the creation of new land titles, which are then registered under the Torrens Title or Strata systems.
What is the difference between Torres Title and Strata?
Torrens Title Subdivision
When a parcel of land is subdivided by way of Torrens Title, a new title for that land is created which can then be separately sold or transferred.
Each land parcel has its own unique identifier and title, making it distinct from neighbouring properties, and ownership of the land is recorded on a government register. This guarantees the land title’s accuracy and security.
This system provides a high level of certainty and security of ownership, as ownership is evidenced by a certificate of title issued by the government – unlike the older system of deed registration, where ownership is evidenced by a chain of title documents.
Strata Subdivision
Strata Subdivision, also known as Strata Title Subdivision, involves subdividing a property into individual units, each with its own separate ownership, while also allowing for shared ownership and responsibility of common areas and facilities. This division must include at least two separate units and share common property.
Strata Title Subdivision is common in multi-unit residential buildings such as apartment buildings, townhouses, shop-top housing, residential flat buildings and townhouses, as well as commercial properties like office buildings or shopping centres.
How do I know which to use for my property development?
You need expert advice. Each of these options have different requirements and benefits and the Corona Projects team will help identify the best option for your property development and objectives.
3. What is needed for a Subdivision?
Permission is needed from your local council before you can start the subdivision process. You will need to submit a Development Application (DA).
Generally, when applying for a Development Application (DA) with council for a subdivision, the following documents are required:
- Survey plans prepared by a registered surveyor
- A set of subdivision plans from a draftsman, registered surveyor, or architect
- Consent from the registered landowner
- Statement of Environmental Effects prepared by a town planner
-
Stormwater disposal concept plan by a civil engineer
-
Arborist report if any trees are affected by the proposed work. E.g. need to be removed or are too close to the proposed driveways, future building footprints
-
Other consultants reports depending on the site location, topography, features, zoning and planning restrictions, local council site-specific rules and regulations
What happens if I have a development proposal and a subdivision proposal?
The subdivision of land can be included together with another development proposal. For example, a development proposal may include the “construction of an attached dual occupancy with subsequent Torrens-title subdivision”, this would ultimately imply that the proposed development will include the construction of a dual occupancy as well as the subdivision of land after its construction.
Alternatively, a proposal solely for subdivision can be submitterd to council if there are permissibility issues prior to subdivision.
What is a Development Control Plan (DCP) in Land Subdivision
When subdividing land to accommodate a new building, it is important to indicate to the consent authority a potential building footprint for the lot resulting in subdivision.
DCPs typically contain specific requirements and recommendations regarding various aspects of development, such as:
- building height
- setbacks
- landscaping
- parking
- heritage
- conservation
- environmental sustainability
- design aesthetics
These requirements aim to ensure that new developments are compatible with the surrounding area and contribute positively to the overall built environment.
DCPs can vary significantly from one council to another, reflecting the unique characteristics, priorities, and development objectives of each area. They may also be subject to periodic review and updates to reflect changes in planning policies, community needs, and legislative requirements.
4. What happens if you have a Subdivision that does not meet requirements?
Of course, you need to call the Corona Team!
If your site does not meet the requirements of minimum lot size or lot width, a request to ‘contravene the development standard’ can be made on your behalf.
Your Corona Projects town planner will request a clause 4.6 variation, provided that the deviation has supportable environmental planning grounds. We will need to justify why the development standard is ‘unreasonable and unnecessary’ and why contravention of this development standard is acceptable in this case.
A clause 4.6 variation request does not guarantee that a development standard can be varied. In the event that the deviation from the standard is more than 10%, the proposal will be referred to a Local Planning Panel for referral.
5. Who can help me with my Land Subdivision?
Corona Projects can help you with each step of your Subdivision project.
The team can:
- Provide advice about what is possible within your local council area
- Provide the required Land Survey and Drafting Services needed for your Development Application
- Prepare and submit the necessary Council documentation on your behalf, keeping in touch with Council on your progress,
Contact the Corona Projects Team today on 0423 414 488 or make an online enquiry.