The council's subdivision department handles applications for the subdivision, consolidation of land, boundary realignments and the creation, removal and variation of easements and restrictions.
All applications and plans lodged pursuant to the Subdivision Act 1988 must be prepared by a licensed land surveyor. All applications lodged are considered under the relevant legislation, most commonly the Planning and Environment Act 1988 and/or the Subdivision Act 1988, and, where necessary, other related legislation.
The majority of subdivision applications are now submitted through SPEAR. SPEAR allows users to process planning permits and subdivision applications online. This provides both Council's and Land Surveyors a more timely and transparent process for the subdivision applications.
The Subdivision Process
The majority of subdivision applications require two processes be followed prior to the applicant being able to lodge a 'Plan” at the Land Titles Office for the creation of separate titles.
Application for Planning Permit, the legislative basis being the Planning and Environment Act 1987.
Application for certification, the legislative basis being the Subdivision Act 1988.Prior to the Certification of the Plan of Subdivision and / or issue of Statement of Compliance, the following requirements need to be satisfied:
Planning Permit must be issued;
Plans associated with development permit must be endorsed;
All conditions of Planning Permit must be satisfied including any requirement for a Section 173 Agreement and / or public open space contribution; and
Consent from all relevant Referral Authorities must be received.
Referral and Advertising
Upon receipt of a subdivision application, Council will refer each application to all relevant service authorities as required by the Mornington Peninsula Planning Scheme, and the Subdivision Act 1988. Any comments from the Referral Authorities must be considered, and any requirements must be included on the Planning Permit, should one be issued.
In some instances referrals will also be made to authorities such as VicRoads and the Country Fire Authority (CFA). Other Council departments may also require notification such as Engineering, Valuations and Council's Rates Department.
Advertising to nearby property owners may be required for any application and must be carried out in accordance with the Planning and Environment Act 1987.
Public Open Space Contributions
An application for subdivision may attract a requirement for a Public Open Space Contribution. The public open space contribution can be made by:
Am I required to make a Public Open Space Contribution?
Two (2) lot subdivisions can be exempt from Public Open Space requirements, provided there is not potential for the land to be further subdivided in the future.
How is my site valued?
A valuation must be obtained from a person who holds qualifications under the Valuation of Land Act 1960. Council, on lodgement of a certification application, can conduct a valuation and pass results on to the applicant.
How Do I Pay the Public Open Space Contribution?
Payment of the public open space contribution must be made before the issue of the Statement of Compliance for a subdivision. The Payment is collected by the Subdivision Officer.
If payment is not made within 12 months of the certification application being lodged, a new valuation may be requested at each anniversary and the amount of payment varied accordingly until such time as the amount is paid.
Section 173 agreements
A Section 173 Agreement is a legal agreement between a land owner and Council. It is registered on the title to the land so it binds not only the current owner but also all future owners and occupiers. S173 Agreements are used to achieve planning objectives for particular areas and are a requirement on most planning permits for subdivision.
If a Planning Permit requires a S173 Agreement, the applicant must either request that Council’s solicitors prepare the agreement (at the owner’s expense) or have their own Solicitor prepare it.
Where the owners own solicitors are used, Council will send the documentation to their solicitor for checking, at the expense of the owner.
Once Council signs the agreement, it will be lodged at Land Victoria and a final agreement will be forwarded to the applicant