If you are considering subdividing a property you'll need to be able to tick these 6 boxes first. Fortunately, technological advancements of the digital age have removed much of the guess work in determining if you can to a large extent. They also save you time as you rarely need to physically visit Council these days.
With a home computer or smart phone much of the information that you will need is at your fingertips. Most Councils have the information you need on their website, however the requirements of the various Councils frequently differ, so do your homework. Don't assume that the rules applying in one Council area are the same as the next.
In your local Council’s town plan each property will have a specific zoning and within that zoning there will be a minimum size (land area) specified that you need to exceed before you can subdivide. Sometimes this is specified as a minimum lot size that you need to achieve once subdivided. Either way, simple maths or deduction will tell you if a subdivision is possible. Note that minimum lot sizes for full frontage lots may vary from those of rear access lots.
Therefore you need to ascertain the correct size and zoning of the property in question.
2. Land dimensions for the property's zone:
Check the dimensions of your property, especially the frontage, to see that the existing property dimensions will enable each new lot that you propose to have the minimum requirements. Frontage is especially important along with average width in determining if a subdivision is possible. Frequently Councils will specify that a certain size rectangle needs to fit inside a proposed lot e.g. 15mx9m. For rear lots you will need to provide a legal access which will usually range upwards from 3.6M in width.
3. Infrastructure:
This relates to things like town water, sewer, stormwater drainage, electricity, telecoms and legal access to name just a few. Each new lot is required to have the minimum services that are provided in that area. You need to ascertain if (i) the services are available & where and (ii) if it is physically possible to make a functional connection.
4. Storm water disposal:
A major consideration for Councils when considering subdivision applications is the disposal of stormwater for each new lot to a ‘legal point of discharge’. This is especially true in urban areas where the trend is to subdivide larger original lots into several ‘small lots’ and building 2 or more new homes where once there was one. This is called ‘infill development’. The most common legal point of discharge is the street although sometimes properties that slope away from the street may have access to an legal point of discharge by way of a benefit easement for drainage purposes or even a Council storm water pipe within the land that they can access.
5. Existing buildings:
In some zones you may not be allowed to demolish or remove those improvements or parts thereof, though you may be able to get permission to move them within the property. If the latter is true will the size of the existing building enable a viable minimum size new lot with allowable dimensions? A site plan survey is especially useful in determining what can be done in these situations.
6. Flooding, Bushfires & ther things - Overlays:
When you check the zoning of your land you should also check for what are known as ‘overlays’. These identify issues covered in the town plan that relate to your particular block some of which may be restrictive and affect your ability to subdivide.
These could include flooding, overland flow or traditional housing precincts for instance. Other restrictive overlays include bushfire and ecological issues which are usually graded for severity and do not necessarily affect 100% of the land in question. Never the less any subdivision application will need to address the issues raised by these overlays usually backed up by an experts report and opinion. Whilst they do have the potential to kill off your subdivision proposal it may not necessarily be the case.
In these cases it's best to seek professional advice from a qualified Town Planner.
So, where does the Surveyor fit in?
Once it's determined that a subdivision is possible, along with the town planning application to Council you will need a site plan survey and proposed new lot layout plan.
Once approved there are several surveys that you will likely need before you can get your new titles. These may include 'as constructed' survey for new council infrastructure and a survey for the new plan to be registered in the titles office which will include full details of the newly created allotments. You can see a full explanation here with an example.
If you need some guidance with your proposed subdivision we are happy to assist where professionally possible.