Subdivision

Many councils, including Moorabool Shire Council, are currently planning for population growth and evolving climate for the next 20-30 years to achieve the net zero emissions target identified in the Victorian Climate Change Act by 2050.

Along with partnering local governments and the Council Alliance for a Sustainable Built Environment (CASBE) we are testing the Sustainable Subdivisions Framework through existing planning processes for a trial.

For more information on the Sustainable Subdivisions Framework visit the CASBE website.

Subdivision of land in residential zones (General/Neighbourhood Residential Zone, Mixed Use Zone, Township Zone) must be assessed against the relevant requirements of Clause 56 of the Moorabool Planning Scheme during the planning permit stage.

This is known is ResCode. There are separate ResCode requirements for both subdivision and development and the requirements vary by zone and scale. Some parts of Clause 56 require specific responses.

A Section 173 Agreement is a legal agreement made between Council and another party or parties under Section 173 of the Planning and Environment Act 1987. The landowner is the other party to the Agreement, while in some cases a third party, such as a referral authority may also be involved. An agreement provides additional planning controls where a condition on a permit or Planning Scheme controls is insufficient.

The obligations and requirements of a Section 173 Agreement are recorded on the new property titles after subdivision. Therefore, the new landowners of these properties should be aware of the requirements and obligations placed on them by the Section 173 Agreement.

If a planning permit requires you to enter into a Section 173 Agreement (which are usually prepared by a solicitor), all costs through to the registration of the agreement are to be met by the applicant.

Council has negotiated reasonable fees and disbursements for the preparation through to registration of the Agreement on title, through Harwood Andrews solicitors.

For more information visit the Section 173 agreements webpage

There are minimum lot sizes to consider and often additional concerns which may impact on the suitability of subdivision such as bushfire safety, waste water disposal (capacity for septic systems) and native vegetation.

Contact us to speak with a member of the Planning Department for more information.

Land within the shire that is covered by a Development Plan Overlay (DPO) in the Moorabool Planning Scheme has an approved ‘development plan’ which sets out broad strategies, layouts, and subdivision requirements.

Subdivisions proposed within these locations should be planned in accordance with the approved development plan and may not necessarily provide capacity for further subdivision.

Applicants will need to satisfy the requirements of various Council service teams, including but not limited to:

• roads, vehicle crossings, stormwater and drainage, car parking and traffic management
• the building regulations
• public health requirements (for septic tanks and effluent disposal where relevant) and
• the requirements of relevant statutory referral authorities for the servicing of the land.

The following information (as a minimum) must accompany any planning permit application for the subdivision of land.

• Completed application form
• Appropriate application fee. (This is generally requested after acceptance of the application)
• Full copy of property title, searched from Land Victoria within the last 3 months, along with copies of any restrictions, covenants or agreements.  
• A scaled and fully dimensioned Site Plan, showing (where relevant):
  • the location of existing buildings on adjacent properties (including nominated setbacks from the common boundaries to the subject site)
  • the location of existing and proposed buildings and vegetation (including nominated setbacks from boundaries and other key site features)
  • the location of effluent disposal system (for non-sewered properties)
  • any existing or proposed earthworks
  • contours/site levels
  • location of existing individual trees within 10 metres of all proposed buildings, structures and excavations
  • all trees to be removed and those to be retained
  • the setback of the buildings and works from title boundaries
  • details and location of any car parking structures, areas and accessways
• A proposed Plan of Subdivision drawn to scale showing:
  • the proposed configuration of the lots, including any common property
  • any existing or proposed easements
  • dimensions of boundaries
  • lot sizes
  • adjoining roads and proposed crossover locations
• A written report including information on:
  • the number of lots
  • the lot sizes
  • access details for each of the lots
  • type of roads
  • the existence of stormwater drainage infrastructure
  • the services to be provided and
  • other details (as relevant)
• For applications relating to residential subdivision the following must be provided:
  • A written submission on how the proposal responds to the Moorabool Planning Scheme, including relevant State and local planning policies, the zone, overlays, and particular provisions including Clause 56 (ResCode) and Clause 65 as appropriate.

For applications where any vegetation would be impacted:

Where there are existing trees on the subject site or trees on adjoining properties within the subdivision, a report from a qualified arborist (an Arborist Report) may be requested. This report should provide the following details:

• The species, height, girth, canopy width, and approximate age of the tree(s) to be removed.
• A statement regarding the health, structure and vigour of the tree(s).
• Comments in relation to the future health of the tree.
• A recommendation in support of removal, retention or alternative actions based on all of the above.
• A native vegetation removal report where applicable.