How to sub-divide a block and get council approval, the first time

Sub-dividing a block of land in Melbourne can be a great way to release equity from your home. Land prices keep going up and houses are getting smaller as more and more people downsize their backyards to build an investment property for a rental return or to sell it for some extra cash. This is particularly prevalent around activity centres which are close to public transport, police stations, shops etc. Some of these areas have been earmarked for higher density living (e.g. Box Hill and Moorabbin) allowing for high-rise apartment living.

The benefits of developing your house block are clear but it can also be tricky. Different planning overlays from each council can delay your project and cost you additional funds if you have to keep revising your designs. Not to mention the stress of constant changes so it's best to get it right the first time.

After working in the building industry for 30 odd years and bumping up against councils from all corners of Melbourne, I have come across countless scenarios. With this prior knowledge I hope I can help you navigate the best path to getting your planning approval for your townhouse/sub-division through council as pain free as possible.

It might take a bit longer at the start of the process and cost a little more to get it right, but in the end you will save yourself a lot of stress, costs in re-design and also time in resubmitting to council. Follow these three simple tips to get your approval processed as effectively as possible.

Here are my top tips to get it right:

1) Know the overlays: Each council has different overlays in their suburbs. Anything from vegetation, heritage, design & development to site coverage. Councils have specific rules about reduction in land sizes and some suburbs have a higher percentage of overlays. These are essential to understand in advance of doing any pre-design. (If you haven't read my blog on the importance of pre-design, have a read of that first.)

For instance, some councils require a permit for the removal of any trees with a circumference greater than 500mm or is taller than 10meters. There can be application fees for trees to be removed, (even fees to have them pruned), plus having a qualified arborist to visit the property to do an assessment which can be rejected if the council deem the tree 'significant', isn't causing any issues or has another special overlay. The fine for doing the wrong thing can be applied per offence. They are serious about their trees! 

A heritage overlay can also impact the townhouse/sub-division. Councils provide guidance on their heritage overlays which can include sub-dividing a block, but also removing a fence, trees, car parks and even paint! You might need to demolish an old car port to gain access to the rear of the block for a sub-division and that could be heritage impacted, so best to check prior to investing in design. 

Finally, the percentage of site coverage or garden on a sub-divided block is carefully regulated by the Victorian Government and local council. Rules such ast 25% of the land area of a sub-divided block be set aside for garden if less than 400 square meters in area. If it is between 500-650 sqm it grows to 30% and above 650 sqm 35%. This doesn't include driveways or under roof areas. So again, best to check before your pre-design stage!

2) Do a detailed application: There is a temptation at the start of the job that you want to get your application into council for approval ASAP so it's in the queue to get approved. Will be faster right? Wrong! Submitting a less detailed application means they will likely need to send it back to you for questions and further details. This all takes time so it's best to do the work first.

After you have decided to develop your block, the best step is to get some help to do a title search and get a copy of your title. With this in hand, contact a licensed land surveyor to help prepare the necessary applications. You can browse the process in more detail at the VicPlanning website. However, before you submit any plans it's best to talk to someone in the building industry to do some pre-design work so you know if the building is even feasible. Contact us at LB Living if you have any questions on this area.

3) Get your reports first: All up there might be 10-15 additional reports, apart from the building designs, that are required to get your townhouse/sub-division through council. These could be anything from traffic management, bushfire protection, neighbour impact or arborist reports. Having these reports before the initial design process will certainly help in your submission to council and increase the chance of council approving your planning permit sooner.

I hope this information helps guide you in your decision making. Have a look at my other blogs on the building process.

Cheers Danny