A planning permit is required to subdivide land. If you are subdividing your backyard or a vacant block of land, you should submit a planning permit application for a development before you apply for a subdivision permit.
To subdivide land, you may need:
- To make an open space contribution.
- To complete any necessary public works.
- Water sensitive urban design techniques to meet targets for stormwater quality and discharge.
- To create an owner's corporation.
You will also need to meet the requirements of a planning permit.
Some land may need to meet a minimum lot size requirement for subdivision. If your land does not meet this requirement, you will not be able to subdivide the land. Visit VicPlan to view controls on your site.
We will determine if a particular use of land can be subdivided when assessing your planning permit application. During our assessment, we will consider whether your proposal will produce acceptable outcomes against the relevant clauses of the Frankston Planning Scheme. This includes Clause 56 - Subdivision for subdivision in residential areas.
To prepare an application to subdivide land, you will need to engage a licensed surveyor. They can lodge the application on your behalf or recommend a private Town Planning professional to act on your behalf. Other relevant professionals may need to be engaged, such as engineers or arborists.
Please refer to Class 17-20 of the Planning Fee Schedule to find the applicable fee.
The Association of Consulting Surveyors is an autonomous body which represents private land surveying businesses throughout Victoria. To find a Land Surveyor you can utilise the ACSV search function on their website.
We are unable to recommend a Land Surveyor and must remain impartial in assessing your proposal.
Step 1: Your Land Surveyor will apply for a planning permit, under the Planning and Environment Act 1987 and for certification, under the Subdivision Act 1988, via SPEAR.
All correspondence regarding the application will only be addressed to the Land Surveyor.
Step 2: Council receives and registers the Application.
Step 3: The Subdivisions Officer refers the application to all referral authorities (including the Rates department for street numbering allocation on the permit).
Step 4: Application is assessed, delegate report written, and planning permit issued.
Step 5: If subdividing prior to completion of development, a Section 173 Agreement can be entered into. If requested, the Section 173 Agreement will be prepared by Council’s solicitor.
Apply for a Section 173 Agreement
Step 6: Plan of Subdivision is certified and allocation of street numbers is issued.
Step 7: Once all requirements of the Planning Permit have been met and all inspections completed, a Statement of Compliance will be issued.
Step 8: Certified Plans and Statement of Compliance are lodged at Land Use Victoria and individual Titles are issued.
What is a Statement of Compliance?
A Statement of Compliance is issued by Council once all the requirements of the planning permit are met and all of the servicing authorities have consented to the issuing of the Statement of Compliance. The Planning Permit may outline works, fees or legal agreements that are required prior to the issue of a Statement of Compliance As part of this process, a compliance inspection is undertaken by Council at the conclusion of a development to ensure all works have been carried out in accordance with the endorsed plans and permit..
When the inspection is passed the inspecting officer will send notification to the Subdivisions Unit who will complete the Statement of Compliance process.
Once you have a Statement of Compliance, you or your Land Surveyor can lodge it and your certified plan with Land Victoria who can then embark on the process to issue new titles for each newly created lot.
Compliance Inspections for Medium Density Housing developments
Council undertakes proactive inspections of Medium Density Housing developments (more than one dwelling on a lot) prior to finalisation of the subdivision process.
For Medium Density developments, a compliance inspection should be requested once all works shown on the endorsed plans have been completed. The development must be completed in accordance with the endorsed plans and permit, including all landscaping, sheds, carports, clotheslines and letterboxes. Should Council be required to reinspect the property due to non-compliance with the endorsed plans, re-inspection fees will be applicable.
If your property has tenants you will need to arrange full access prior to an inspection being carried out with the inspector required to have access and enter all outside areas of the property. Officers will not view any areas over fences or by means of non-standard access such as ladders due to occupational health & safety requirements.
Request a Compliance Inspection Form
Click here to view form.
As a developer, it is your responsibility to provide telecommunications infrastructure in new a development. Developers must ensure that all lots created by subdivision are either connected to telecommunications or have fibre ready telecommunications infrastructure in place.
To install this infrastructure, developers will need to contract a telecommunications carrier.
Developers may choose any carrier to service their development. If you do not choose another carrier:
- nbn is the Infrastructure Provider of Last Resort for larger developments (100 lots or more) and for all developments in areas where nbn is rolling out.
- Telstra is the Infrastructure Provider of Last Resort for smaller developments (less than 100 lots), until the nbn rolls out in the area.
For more information and to determine who is the Infrastructure Provider of Last Resort (IPOLR) for a property, please view the roll out map on the Australian Government website.
Developers are asked to apply at least 6 months before the required date of service, to ensure a connection is ready when residents move in.