We often receive enquiries from people looking to subdivide land. The majority of these enquiries are for sites which are unable to be subdivided due to any of a number of common issues. These issues are outlined as follows and will assist you in avoiding making costly mistakes:
The site is outside of the Urban Footprint under the South East Queensland Regional Plan:
Generally if land is located outside of the Urban Footprint and under the South East Queensland Regional Plan the creation of lots <100 hectares is prohibited development.
You can find out information on this issue in our article on rural subdivision:
These subdivisions also typically requires a Structure Plan which analyses available land capable of development and provides options for providing integrated road networks and utility services. Individual sites aren’t able to be developed in isolation and must also consider how adjoining land can develop and connected to services and road networks.
Current zoning and overlays may not support the proposed subdivision:
Requirements change over time and it is remiss to assume that surrounding lot sizes meet the current requirements. Even when proposed lot sizes comply there could be overlays which could be obstacles to the development of a site.
There are multiple types of overlays under both the Planning Scheme and the State Government Development Assessment Mapping which could provide significant constraints for a site. These overlays can affect development potential and can vary in their intent (ie. Biodiversity, Bushfire, Flooding (creek or waterway or overland flow), Heritage and Waterway Corridor Overlays).
Some more information on overland flow paths specifically can be found in the following link:
https://consultplanning.com.au/should-you-go-with-the-overland-flow/
Does the site topography fall away from a road frontage:
Rear falling lots often have issues with access to a sewer main and/or a lawful point of discharge for stormwater so the following questions need to be answered:
- Does the site have lawful access to a sewer main and is it of the required size?
- Does the site have access to a lawful point of discharge for stormwater?
More information on rear falling sites and their constraints can be found on the following link:
https://consultplanning.com.au/services/property-subdivisions/property-subdivision-restrictions/
A subdivision approval does not guarantee a subdivision can actually be delivered:
Is the site subject to an SEQ Distributor-Retailer Authority (ie. Urban Utilities, Unity Water)? If so, the existence of a subdivision (Reconfiguring a Lot) Development Approval does not confirm that the subdivision development can actually be delivered.
There is a separate application process called a “Water Approval” which is required to be obtained from the SEQ Distributor-Retailer Authority. Without a Water Approval there is no confirmation of access to the water and sewerage network and whether there is sufficient capacity. Nor is there confirmation whether consent is required from other land owners for this infrastructure to be built. There is more information on Water Approvals on the following link:
https://consultplanning.com.au/what-is-a-water-approval-and-do-you-need-one/
There are subdivision approved sites in the market which do not have any assurance that they can be built due to the required infrastructure corridors not being secured from other property owners.
More Information:
You can find more on the subdivision process, costs and restrictions on our website using the following link:
The issues identified above are not all encompassing and the only issues to assess during due diligence. For help identifying the potential of a site for subdivision, get in touch with us for preliminary review via office@consultplanning.com.au or phone 1300 017 540.
*Disclaimer: this article is intended to provide general information only for sites in Queensland and due to the dynamic nature of regulations and policy it is recommended that only a site specific review is relied upon. No liability will be accepted for any reliance on this information where a site specific investigation has not been undertaken. Information is current as of 16 January 2025.
