Early Easement Review
In an effort to provide efficient and timely processing of formal Plan of Survey Applications, Early Easement Reviews can be undertaken to ensure all proposed easement documents achieve compliance with the conditions of the development permit in which they are associated.
The following information is of note:
- Early Easement Reviews are to be lodged within 3 months of the expected development completion date and must include copies of the Survey Plan, all easement documents and payment of associated fees, please refer to Council’s Fees and Charges schedule for all associated fees.
- Early Easement Reviews can only be conducted on ‘Approved’ applications, inclusive of Minor Change and Generally in Accordance applications.
- Recommendations provided by Council are valid for a period of 3 months (only) from the date they are supplied to the applicant. After this period, a new request for review, or lodgement of a formal Plan of Survey application will be required, along with the payment of associated fees, please refer to Council’s Fees and Charges schedule for all associated fees.
- Amendments or alterations to easement documents that occur after Councils review recommendations have been provided, may require further review and associated fees may be payable, please refer to Council’s Fees and Charges schedule for all associated fees.
- Specific timeframes for the completion of an Early Easement Review do not apply, however, Council will endeavour to return comments to you within 20 business days. Where it is identified that the review is for a more complex matter, Council will engage with the applicant to advise if extended timeframes will be required.
Overview
Under Schedule 18 of the Planning Regulation 2017, a person may request that local government approve a plan of subdivision for a reconfiguring a lot. This process generally occurs following the issuing of a development permit for reconfiguring a lot and the completion and acceptance of any operational work required to be undertaken in order to comply with the conditions of the subdivision approval. In some circumstances, a plan of subdivision can be approved where the reconfiguring of a lot is not considered assessable development (i.e through strata-titling, dual occupancies or multiple dwellings).
SCHEDULE 18.2 CRITERIA
Requests for approval of the plan of subdivision will be assessed against the relevant criteria stipulated under Schedule 18.2 of the Planning Regulation 2017.
You must demonstrate that each of the criteria has been met. Council can only endorse a plan of subdivision for registration of the new titles with the Department of Natural Resources and Mining if all of the criteria listed under Schedule 18.2 have been complied with.
If any of the criteria stipulated under Schedule 18.2 are not complied with, Council officers may issue a request notice within 10 business days from receipt of the request. Even if a notice of compliance is subsequently provided, the criteria are not considered to be complied with until Council accepts that the criteria have been met.
Not assessable development
For a plan of subdivision for reconfiguring a lot that is not assessable development, the following criteria must be satisfied:
- The plan is consistent with any development permit relevant to the premises.
- All outstanding rates or charges levied by Townsville City Council or expenses that are a charge over the land under any Act have been paid.
- Payment of the application fee to approve the plan of subdivision.
Approved under a development permit or required under a development condition
For a plan of subdivision for reconfiguring a lot that is approved under a development permit, or a plan of subdivision required under a development condition of a development criteria/certificate, the following criteria must be satisfied:
- All of the development conditions of the development permits for reconfiguring a lot and operational work (if applicable) have been complied with. A statement addressing each condition of the relevant development permits must be provided with the plan of subdivision, with the relevant documentation included or referenced.
or:
- Early release of survey plan is requested and satisfactory security has been given to Townsville City Council to ensure compliance with the development conditions. A statement addressing each condition of the relevant development permits must be provided with the plan of subdivision, with the relevant documentation included or referenced.
and:
- All outstanding rates or charges levied by the local government or expenses that are a charge over the land under any Act have been paid.
- The plan has been prepared in accordance with the development permit.
- Payment of the application fee to approve the plan of subdivision.
Infrastructure Charges
Where infrastructure charges are payable, check with Council to see if they need to be recalculated. The final charge may require adjustments to reflect inflation, and will include offsets for any trunk infrastructure you have provided.
Timeframe
Council will give notice of the approval of the plan of subdivision to the person making the request within:
- if the request complies with the criteria stated in Schedule 18, section 2 of the Regulation when it is received by local government – 20 business days after it is received
- if the request does not comply with the criteria stated in Schedule 18, section 2 of the Regulation when it is received by the local government – 20 business days after the person gives notice to the local government that the criteria stated in section 2 have been complied with
- another period agreed between the local government and the person making the request.
