Frequently asked questions - subdivision
What process do I need to follow to get an approval for a one into two subdivision under the Sustainable Planning Act?
Schedule 18 of the Sustainable Planning Regulation identifies one into two subdivisions in residential and industrial zones as potentially following a compliance assessment process unless covered by an overlay under City Plan.
These provisions apply to Low Density, Character Residential, Low-medium Density Residential, Medium Density Residential and High Density Residential Areas. They also apply to the Light Industry, General Industry, Heavy Industry, Extractive Industry and Future Industry Areas.
These provisions do not apply to Emerging Community, Rural and Environmental Protection Areas, which are not residential zones for the purpose of the Sustainable Planning Regulations.
City Plan contains 'overlays' covering the existing residential/industrial Areas/zones in Brisbane. This means that compliance assessment of one into two subdivisions referred to in the Sustainable Planning Act does not currently apply in Brisbane. One into two subdivisions should therefore be lodged using the reconfiguration of a lot form.
When reconfiguring two small lots into two new small lots where there is an existing house within one of the new lots, is a notifiable code subdivision application required?
The level of assessment is the same as for the subdivision to create two new small lots (notifiable code in the Low Density Residential Area).
When reconfiguring or subdividing, and retaining an existing house in its current location, is a small lot house application required?
A small lot house application is not required. However building setback requirements will apply.
The Subdivision Code states that rearranging boundaries, where no additional lots are created, requires code assessment. Corner sites comprised of two narrow 16 perch lots (10 metres by 40 metres) are often reconfigured into two square lots (20 metres by 20 metres). Is this a rearrangement of boundaries or is it a subdivision? When does a rearrangement of boundaries become a subdivision?
This example is always a subdivision of land and the level of assessment is determined by Chapter 3 (or Chapter 4 for some Local Plans) of City Plan. Reorienting a lot boundary 90 degrees is a significant change to the predominant subdivision pattern with implications for configuration, lot utility and potential development. It is appropriate that neighbours have the opportunity to comment in instances where a notifiable code or impact assessment application is triggered.
The term 'rearranging boundaries' is not defined in the City Plan. The term applies to minor changes to lot boundaries such as a minor realignment of a boundary to remove an encroachment or align the boundary with an existing retaining wall or fence. These minor changes do not have significant implications or impacts, nor do they change lot configuration or utility.
Is the area of a corner truncation or widening included when calculating minimum lot size for reconfiguring a lot and the maximum GFA for a development?
Yes. The area of a new road widening and corner truncations where required as a condition of approval (that is, not currently existing) can be included in the site area when calculating the minimum lot size for reconfiguring a lot and the maximum GFA for a development.
If the corner truncation has already been dedicated, then the area of that truncation can only be included when calculating the minimum lot size for reconfiguration.
| Included in Calculation | Minimum lot area | Maximum GFA |
|---|---|---|
| Existing truncation | Yes | No |
| Existing widening | No | No |
| Proposed truncation | Yes | Yes |
| Proposed widening | Yes | Yes |
The Subdivision Code indicates that the creation of a lot down to an absolute minimum of 350 square metres is acceptable where the existing house is to be retained on the larger lot and the overall average lot size is 400 square metres. Is this limited to sites where the house being retained is a character building?
No. The qualification relating to small lots in Table 2 - Lot Layout of the Subdivision Code can be applied to any lot in the Low Density Residential Area, regardless of whether or not the site is also included in the Demolition Control Precinct.
It should be noted that a small lot less than 400 square metres requires an impact assessment - generally inappropriate application. Table 2 in the Subdivision Code does not alter the level of assessment indicated in Chapter 3 or Chapter 4 of City Plan.
Does the Subdivision Code also allow me to create a lot down to 350 square metres to facilitate the retention of a shed or other outbuilding?
No. The intention of these qualifications is to retain a house only, not sheds, carports and outbuildings. The qualifications in the Subdivision Code provide a degree of flexibility to facilitate the retention of houses in established areas.
Can the existing house be on the smaller allotment?
The existing house must be located on the larger allotment as the intent of the Code is to assist in the retention of an existing house that is too large to be located on a standard small lot.
Therefore, only the new vacant lot may be as small as 350 square metres in area.
Can access to a 600 square metre rear lot be gained via an access easement over a 400 square metre lot at the front?
Yes. The subdivision approval should be conditioned to ensure the establishment of a formal reciprocal access easement.
In the Low Density Residential, Character Residential and Low-medium Density Residential Areas, a Code Assessment application is required for reconfiguring a lot if it entails only the subdivision of existing or approved buildings. Does this apply to the subdivision of an allotment containing an existing house, where one or more of the new lots being created will be vacant?
No. If a new vacant lot is 450 square metres or greater with an average width of 15 metres or greater, or a rear lot of 600 square metres or greater (excluding access way, then a code assessment application is required.
If the new vacant lot (where not a rear lot) is between 400 square metres and 450 square metres, with an average width less than 15 metres, a notifiable code assessment application is required. If a new vacant rear lot (excluding access way) is less than 600 square metres, or a small lot is less than 400 square metres, or with an average width of less than 10 metres, then an impact assessment application is required, and is assessed as generally inappropriate.
How does the subdivision assessment process work in Industrial Areas?
Subdivision is generally code assessable and subject to minimum lot sizes and configurations as set out in the Subdivision Code. In the Future Industry Area, an application for subdivision where lots are smaller than 10 hectares must be assessed using impact assessment procedures. The application must comply with the provisions of the Subdivision Code, and an Industrial Structure Plan must be prepared in accordance with the Structure Planning Code. The Industrial Structure Plan is approved as a material change of use - preliminary approval. The preliminary approval may include variations to levels of assessment for certain land uses on the site. Subdivision for lots less than 10 hectares where no Structure Plan is approved is impact assessable - generally inappropriate and will not be supported.
What level of assessment is required for an application to subdivide and create lots smaller than 10 hectares in the Rural or Environmental Protection Areas?
Subdivision to create lots smaller than 10 hectares in these areas is impact assessable - generally inappropriate and will generally not be supported.
Can subdivision be staged?
Yes, subdivision can be staged. Each stage should be shown on the initial application and preliminary approval will be issued for the overall plan of subdivision. The proposal will be assessed to ensure that at any stage in the subdivision, the roads, drainage and services will function properly. The final stage should not be so small or expensive to complete that there is a likelihood the subdivision will not be completed.
How is the Subdivision Code applied to a subdivision involving existing buildings where the proposed boundaries appear too close to those buildings (for example one lot into two)?
Section 6.3.9 of the Subdivision Code states that reconfigurations will not be approved if existing buildings are too close to the boundary. 'Too close' means where the proposal does not comply with the building setbacks in the Building Regulation.
Are all forms of reconfiguration of a lot captured by the City Plan?
No. Schedule 3, Part A of the Sustainable Planning Regulation 2009 exempts some types of reconfiguration such as building format plans and the amalgamation of lots. The City Plan also exempts subdivisions for road widenings and truncations which are required as a condition of an approval.
When calculating the minimum area of a rear lot is the area of any access way excluded?
The minimum area for a rear lot is calculated on that part of the lot exclusive of an access way (as stated in the level of assessment tables). This includes any access way for another rear lot or lots that may cross the proposed rear lot.
How does plan sealing occur under City Plan?
Subdivision plans are sealed when conditions of approval are completed or Council otherwise secures their completion. This will be clarified in the conditions of approval. If the subdivision is conditional on a building proposal and the building is approved but not constructed, Council will usually seal the plan if it is satisfied that the buildings will be completed to lock-up stage by the time the title is issued.
