Reconfiguring a Lot
Guide to reconfiguring a lot (subdividing)
Reconfiguring a lot is a form of development defined by the Planning Act 2016. It includes, for example, creating new lots by subdividing an existing lot, amalgamating 2 or more lots, rearranging or realigning the boundaries of a lot. Schedule 6 Part 4 of the Planning Regulation 2017 identifies certain types of lot reconfigurations that are not assessable under planning schemes, such as the amalgamation of lots.
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Yes, you will need to lodge a development application with Council for assessable subdivision. In many circumstances, the application may be subject to a straight-forward assessment process (code assessment) or impact assessment, where public notification (opportunity for public comment) is also part of the process. Unless specified in the Regulation, reconfiguring a lot is always assessable development under Fraser Coast Planning Scheme with requirements based on zone, land characteristics and constraints, ability to provide services, and to some extent location.
Code assessable development requires a development approval from Council under the Fraser Coast Planning Scheme 2014 and is to be assessed against the codes identified as being applicable to the development. A code assessable development application does not require public notification.
Where code assessable development does not comply with the purpose and overall outcomes of any applicable code, it must be assessed having regard to Part 3 (Strategic framework) of the Fraser Coast Planning Scheme 2014
Impact assessable development requires a development approval from Council under the Fraser Coast Planning Scheme 2014 and is to be assessed against the planning scheme as a whole (to the extent relevant). An impact assessable development application requires public notification and provides third party appeal rights to any submitters.
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Once you have determined the zoning you will need to consider the designated minimum lot sizes and minimum frontage for that zone. These matters vary according to the zone of the subject site. These details can be found in the part 9 of the Planning Scheme in the Reconfiguring a lot code in table 9.4.3.3.2. a select few shown below
Zone
Min Lot size*
Min frontage
Low density residential zone
500m² unless otherwise specified.
2,000m2 if:-
(a) located in Precinct LDR1; or
(b) subject to the Fraser and Great Sandy Strait Islands overlay; or
(c) not serviced by reticulated water supply or sewerage.
15
25
Medium density residential zone
800m²
15
High density residential zone
800m²
20
Emerging community zone
10ha
100
Rural zone
100ha
200
Rural residential zone
2ha unless otherwise specified
4,000m2 if located in Precinct RR1
1ha if located in Precinct RR2
4,000m2 if located in Precinct RR1
1ha if located in Precinct RR2
60
25
40
25
40
*excludes access strip for rear hatchet lots
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- DA Form 1
- Lodging a development application form
- Owners consent (if not the applicant)
- Planning report – Response to the Reconfiguring a Lot Code, the applicable Zone Code, Transport and Parking Code, and any other applicable overlay code. You can find the code templates here
- Proposed lot layout
- Payment of application fee
Note that if the property has constraints (e.g. flooding or significant vegetation) further reporting may be required. Additionally, if the property is not serviced by reticulated sewerage a report by a qualified hydraulic designer may also be required as a part of the application.
You can lodge the application by emailing development@frasercoast.qld.gov.au or at a customer service centre. You may wish to engage a consultant town planner, surveyor, or other appropriately qualified professional to prepare the application for you.
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Before a new lot is sold, it must be created and have the title registered. Following your planning approval, the process is:
- Undertake the subdivision and required works in compliance with the conditions of the approval and pay the infrastructure charges levied.
- Submit the plan of survey to Council for plan sealing.
- Submit the sealed survey plan for registration with the Titles Queensland. Upon registration, the Queensland Government will issue the title under the Land Title Act 1994.
More information
Council offers an easy to use PD Online service which provides 24-hour access to planning and development information, including site specific search capability. The Planning Scheme can also be viewed online. Visit https://www.frasercoast.qld.gov.au/assistance-advice
Planning enquiries can be made between 8:15am and 4:45pm Monday to Friday by phoning 1300 794 929 or in person between 8:15am and 4:30pm Monday to Friday at the Hervey Bay or Maryborough Customer Service Centres.