Commencing on 13 November 2017 when proposing to subdivide residentially zoned land within established Wyndham (refer to Open Space Requirement Area Map), the applicant will be required to make a contribution to Council for the upgrade and/or purchase of land for open space such as public parks, playgrounds and reserves in most circumstances.

Will my subdivision trigger an Open Space Requirement?

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

Subdivisions greater than 2 lots will generally be required to make an open space requirement.

How is the Public Open Space Requirement calculated?

Under section 18 of the Subdivision Act 1988 , you will be required to pay Council 5% of the site value of the land to be subdivided, or set aside 5% of the land on the Plan of Subdivision for public open space (with Council agreement), or a combination of both.

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.

Public Open Space Requirement - Frequently Asked Questions

Is this open space requirement under Section 18 of the Subdivision Act 1988 to be paid in Precinct Structure Plan (PSP) and other strategically planned areas of the municipality? No. These areas are already contributing open space in accordance with Clause 52.01 of the Wyndham Planning Scheme and under Section 18A of the Subdivision Act or under agreements that have been previously entered with Council. These areas are subject to PSP’s, Concept Plans, Development Plans etc, where there is written confirmation of an existing or prior open space requirement.

Is this public open space requirement paid on industrial/commercial subdivisions in established areas of Wyndham? No. Further investigations will be undertaken on the impacts of the application of a 5% open space requirement on commercial and industrial zoned land, before open space requirements may be applied to these areas.

How much do I contribute or pay? All residentially zoned land within the Open Space Requirement Area is required to provide 5% of the land being subdivided or pay 5% of the value of the land that is subject of the subdivision.

Does a sliding scale apply to the percentage? No, a flat rate applies to all applicable subdivision permits in accordance with the resolutions of Council on 19 September 2017.

There is an existing dwelling on the land; do I get a discounted rate? No, 5% applies irrespective of the number of dwellings currently occupying, or that may ultimately occupy, the site.

I have completed the development part of my permit – will the new dwellings increase the valuation and will I be required to pay more? No, as the valuation is based on the site value as defined in the Subdivision Act.

How is the land valued? Council must prepare a valuation in accordance with the relevant Acts and Regulations.

Is the value taken on just the land or is the existing house included? The existing house is not included in the valuation as it only includes the site value as defined in the Subdivision Act of the land to be subdivided.

How much of the site is included in the valuation? All land subject to the subdivision (ie. the entire application site) forms part of the valuation.

My rates valuation gives a totally different valuation, why is this? Rating valuations are undertaken every two years and therefore may not reflect the current site value; it is suggested that you check the valuation date on your rates notice.

Will I get a copy of Council’s valuation? Yes, Council must give the applicant a copy of the valuation.

Can I appeal the valuation? Yes. An appeal must be lodged within two months of the valuation and in the prescribed form set out in the Valuation of Land Act 1960.

Where do I lodge the appeal? Victorian Civil and Administrative Tribunal. See www.vcat.vic.gov.au for details.

Why has my public open space requirement increased since the last stage of the subdivision? Valuation occurs just prior to issuing the Statement of Compliance. Land values may have increased since the last stage’s valuation.

Where written evidence exists that a public open space requirement or contribution was paid previously; do I have to pay it again? No, in most circumstances public open space requirements and contributions are paid only once, although there are some variations to this identified in the Subdivision Act.

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.

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