Applying for a Subdivision

Most two (2) lot subdivisions are exempt from a Public Open Space Requirement, provided there is not potential for the land to be further subdivided in the future.

Subdivisions greater than 2 lots will generally attract a Public Open Space Requirement.

The Public Open Space Requirement is applied at the following percentage rates:

Established Wyndham:

• 5% of the site value for residential, industrial and commercial subdivision of residential, industrial, commercial, activity centre and mixed use zoned land.

Laverton North Industrial Node:

• 2% of the site value for industrial subdivision of industrial zoned land.

A valuation must be obtained from a person who holds qualifications under Section 13DA(1A) of the Valuation of Land Act 1960. Council, on lodgement of a certification application, can conduct a valuation and pass results onto the applicant.

A valuation will be undertaken prior to issuing a Statement of Compliance.

Please complete the Public Open Space Valuation Form

Payment of the public open space requirement must be made before the issue of the Statement of Compliance for a subdivision.

You will be issued with a land valuation and invoice for payment of the contribution, which will set out payment methods.

• Once the permit is issued, you will need to contact a licensed land surveyor who will be able to provide the necessary forms and draw up plans for certification
• The planning permit may contain conditions that must be met prior to certification or prior to the issue of a statement of compliance. It is important that the landowner is familiar with the conditions on the permit

• The certification process involves the approval of a plan showing the proposed lots, size, area and any easements required
• The permit may require certain actions to be completed prior to the certification of the Plan of Subdivision

• A Statement of Compliance is required before a separate title can be created for each of the lots on the certified plan
• In order to obtain a Statement of Compliance, each of the referral authorities must advise Wyndham City that all of the permit conditions they have required have been met to the authority’s satisfaction
• There may also be other conditions included in your planning permit such as a requirement for a Section 173 Agreement, Road Opening Permit, Landscaping and car parking or Telecommunications confirmation) that must be met prior to the issue of a Statement of Compliance.
• Once a Statement of Compliance has been issued, you (or your surveyor or solicitor) will need to lodge it at Land Victoria along with the required documentation. Land Victoria will then create individual titles for the lots in your subdivision

If using the electronic system of SPEAR, the certification application is referred electronically to relevant referral authorities such as City West Water, Melbourne Water, Powercor, and Tenix, otherwise authorities are notified in writing.  Authorities have 28 days in which to respond with any conditions to be placed on the application. 

Your plans cannot be certified until a planning permit is issued for the subdivision.  This process can take up to 60 days or more if further information is required.  The two processes can run concurrently.