A Licensed Land Surveyor is required to prepare a Plan of Subdivision on your behalf and submit your subdivision application via the State Government website SPEAR. You can find a list of licensed surveyors by accessing the Register of Licensed Surveyors. Council cannot approve a subdivision application unless it meets a number of legislative requirements, and your Licenced Land Surveyor will help you to ensure that these requirements are met.
In the case for Section 35 applications, there are additional application requirements which need to be fulfilled prior to submission. Please refer to ‘Application Requirements’ for more information.
Application Requirements
When preparing a submission to Council, the applicant will be required to complete the Acquisition of land by Acquiring Authority Application Form & Checklist and provide the relevant supporting documents.
The application form, checklist and documentation must be submitted via SPEAR.
Encumbrances – Levies & Agreements
When applying, a copy of title is required to be submitted for all parcels of land which are to be acquired. If one or more of the parcels have the below notices on their respective titles, Council will not consent to an acquisition until either a Section 173 Agreement (or equivalent arrangement) has been entered into to, or evidence that the GAIC or MSA levy has been paid.
- Growth Area Infrastructure Contribution (GAIC) under Section 201UB Planning and Environment Act 1987
- Melbourne Strategic Assessment (MSA) under Section 45 of the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020
If unsure if your land is affected by the above encumbrances, we recommend referring to a recent copy of title where the above encumbrances are recorded as ‘Notices’.
Example:
- NOTICE: Section 201UB Planning and Environment Act 1987 - AB246810C 01/07/2020
- NOTICE: Section 45 Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020 - DE135791F 01/07/2020
Fees
Before Council can accept your application, you will need to pay the regulatory fee under the Subdivision Act 1988 and the application fee specific for Section 35 Applications.
Refer to Council's fee schedule for a full list of fees.
Process
An application typically takes between 4 - 6 weeks to be assessed and determined. Here is a summary of what happens to your application when it's submitted to Council.
