When proposing to subdivide land within established Wyndham, the applicant may be required to make a contribution to Council for public open space under Section 18 of the Subdivision Act 1988.
A Public Open Space Requirement can be made by:
- Paying a percentage of the overall site value of the land;
- Setting aside land on the Plan of Subdivision for public open space (with Council agreement); or
- A combination of both.
The percentage of the requirement differs by area and applies to land in Established Wyndham and the Laverton North Industrial Node, as identified in the Open Space Requirement Area Map.
Contributions collected by Council are utilised to purchase land for new parks and reserves or to improve the existing open space network.
Will my subdivision trigger an Open Space Requirement?
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.
How is the Public Open Space Requirement Applied?
The Public Open Space Requirement is applied at the following percentage rates:
- 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.
How is my land valued?
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.
How do I pay a Public Open Space Requirement?
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.
Planning Permit approved
- 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
Certification of the Plan of Subdivision
- 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
Issue of a Statement of Compliance
- 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
How long does the subdivision process take?
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.
The State Government provides the online service known as SPEAR (Surveying and Planning through Electronic Applications and Referrals), allowing subdivision planning permit and certification applications to be compiled, lodged, managed, referred, approved and tracked online, anytime.