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​Subdivision is the process of dividing a single parcel of land into two or more separate parcels or combining multiple parcels into one or more plans.

Applications for planning permits for the subdivision of land require Melbourne Water consent, as a referral authority (unless an exemption applies). The Planning and Environment Act 1987 (P&E Act) establishes the referral requirements relevant to the planning application process. Melbourne Water reviews applications and informs the responsible authority of its decision.

Planning Permit Amendments

A Section 72 amendment allows for substantial changes including changes to existing planning permits, modifications to the permit, preamble, conditions, or endorsed plans.  

A secondary consent amendment pathway allows for minor modifications to endorsed plans, changes to planning permits (i.e. conditions) are not permissible under secondary consent.

Apply for Consent to a Section 72 and/or Secondary Consent amendment

Application process

An application for a planning permit for subdivision must be made to the responsible authority in accordance with the Planning and Environment Regulations 2015 - Regulation 19. Responsible Authorities (e.g. Council) refer an application to subdivide land to relevant referral authorities, including Melbourne Water primarily under Section 52 and 55 of the P&E Act. These referrals are typically done via the Surveying and Planning through Electronic Applications and Referrals (SPEAR) platform. We review applications and inform the responsible authority of our decision on a planning permit referral for subdivision referral typically via SPEAR.

Understanding determining and recommending authorities 

In the planning application process, referral authorities like Melbourne Water can have different roles: 

  • Determining Authority: As a determining authority, Melbourne Water has the power to require specific conditions be included in a planning permit or can direct the council to refuse a permit if necessary. The council must comply with these requirements. 
  • Recommending Authority: As a recommending authority, Melbourne Water provides advice and suggestions regarding the planning application. While it is highly recommended that our advice and suggestions be implemented, the council is not obligated to follow our recommendations and will make a decision, balancing the various requirements of the planning process. 

Minimum requirements for assessment

When making a referral to a Referral Authority, the Responsible Authority (e.g. Council) is required to provide the prescribed information as per the Planning and Environment Regulations 2015 - Regulation 19.

The prescribed information the Responsible Authority is required to provide is: 

  • the application reference numbe,
  • the date the responsible authority received the application,
  • a description of why a permit is required,
  • a list of the clauses in the planning scheme that require the application to be referred to that referral authority,
  • a copy of the applicable description in the planning scheme of the kind of application required to be referred to that referral authority, and
  • whether the referral authority is a determining referral authority or a recommending referral authority for the application. 

Information we may also receive from the responsible authority will include:

  • Planning Permit Application form that was provided to the Responsible Authority 
  • Address of the development
  • Application preamble  
  • Key site and proposal features
  • Application Type: The type of application, (e.g., Planning Permit Application, Section 72 Amendment, plans to comply with a permit condition). 
  • Application receipt date: The date the responsible authority received the application to inform us of the statutory timeframes 

  • Contact Details:

    • Contact details of phone numbers, email and postal address of the relevant officer within the responsible authority (e.g. council) if we need to get in touch about your application.

    • Contact details of the permit applicant, including phone number and email address in order to include the permit applicant in our response. 

  • Certificate of Title: Include a copy of any listed caveat, covenant, encumbrance or agreement (such as a Section 173 Agreement) 

  • Ancillary documents: Any additional investigation reports as required to help justify that the proposed land use change is safe and implementable 

Additional information requirements

In addition, further detail will assist Melbourne Water with assessing an application. Some or all of the additional information may be required depending on the proposal and site context.

  • Approved planning permit (if applicable): If you have a copy of any approved planning permit relevant to this application, please include a copy to help us verify that your proposal is consistent with any prior approvals or requirements.
  • Subdivisional Concept Plan: That details the proposed land use change
  • Drainage plans: A stormwater management strategy, or appropriate drainage plans, outlining the flood management and drainage solution in consideration of both the interim and ultimate development/asset delivery scenarios (where applicable, see Additional notes for more information)
  • Planning assessment report: A report that outlines the planning triggers, exemptions and other relevant considerations of the planning assessment
  • Flood risk assessment: To help us evaluate potential flood risks which is essential to ensure the safety and feasibility of the development and how the proposal may affect the surrounding catchment. This information will ideally be included within the site’s Stormwater Management Strategy. Flood risk assessments will be applicable mainly in the instances where there is existing flooding or a potential risk of flooding due to proposed development impacts.
  • Feature survey plan: A feature survey plan is a technical plan that shows the sites existing conditions such as its size, shape, features and dimensions. The plan must include site levels shown to Australian Height Datum (AHD)
  • Staging plan: That clearly outlines the staging and timing of proposed multi-lot subdivisions within the Development Services Scheme (DSS) area, the schedule for delivering any drainage assets in alignment with the subdivision development timeline (where relevant).  

If the planning application is located within a DSS area, the submitted drainage plans may require a Stormwater Management Strategy along with the road and drainage plans for the development. If the subject site includes the delivery of a Development Scheme asset, a concept design for the assets needs to inform the proposed Stormwater Management Strategy. For information related to the details required as a part of a stormwater management strategy or drainage plans, please refer to the Stormwater Management Strategy section of this document.

All applications must be submitted online via our website and ensure they are prepared in conjunction with the relevant section of the Developer Minimum Application Requirements Guideline (771.54 KB, PDF). 

Approval process

We will assess applications received from the responsible authority and respond with either our:

  • consent

  • consent with conditions

  • objection

We might request more information before we make a final response.

Duration

The process takes 28 calendar days to assess an application and respond.

Incomplete applications may be returned requesting further information or objected to if Melbourne Water determines it is unable to support the proposal.

Fees

There are no fees for this service.

Contact us

If you need any help to complete this application, contact us on 131 722.

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