Subdividing, realigning boundaries or amalgamating lots

Overview

Reconfiguring the boundaries of a lot is defined under the Planning Act 2016 (Qld). It can include:

  • subdividing land into multiple lots
  • rearranging the boundaries of two or more lots without creating extra lots
  • amalgamating two or more lots
  • creating an access easement
  • creating common property in a community title scheme.

Rules apply to the Planning Scheme’s different land use zones.

We use the Planning Scheme to assess each development application (DA). Find out how to apply for a DA.

Read the ‘Reconfiguring a Lot Code’ in Part 9.4.5 of the Toowoomba Regional Planning Scheme.

We also consider other parts of the Planning Scheme such as the zone and overlays.

You may need other permits before reconfiguring a lot, such as

  • building work
  • operational work
  • endorsement of a survey plan.

Amalgamating lots

Amalgamation of two or more lots is typically an accepted development and does not need a DA.

However, the plan of subdivision must be registered with the Department of Natural Resources, Mines and Energy.

Realigning property boundaries

A realignment of property boundaries may be an accepted development if it meets both:

  • the criteria set out in the ‘Reconfiguring a Lot Code’
  • the minimum lot sizes in the Planning Scheme.

In that case, it does not need a DA.

If the proposal does not meet all the relevant criteria, it needs a DA.

Subdividing lots

Most subdivisions need a DA.

The Planning Scheme's ‘Reconfiguring a Lot Code’ specifies planning and design requirements for subdivisions, such as:

  • master planning in a logical pattern and sequence
  • neighbourhood design and lot mix
  • minimum lot size and frontage requirements
  • road, pedestrian and cycle path design and layout
  • open space provision
  • infrastructure (for example, water, wastewater and stormwater) provision
  • lot layout design and its response to natural hazards (for example, bushfires and floods).

Newly created lots usually have separate infrastructure charges.

Local rules for rural land

Rural land across Greater Toowoomba is highly fragmented.

We’re trying to minimise further land fragmentation. Rural Zone subdivisions must meet the minimum lot sizes listed below.

State rules for rural land

Some rural land in Greater Toowoomba is subject to the South East Queensland Regional Plan (SEQRP).

Subdivisions must be at least 200ha in the Regional Landscape and Rural Production Area.

In our Region, this includes the area bounded by:

  • our eastern local government boundary with Lockyer Valley Regional Council
  • Geham in the north
  • Kingsthorpe, Wellcamp and Athol in the west
  • East Greenmount in the south.

These state rules override the Toowoomba Regional Planning Scheme. We cannot accept or assess an application for subdivision in this designated area.

Check if your lot is included in the SEQRP using the state’s Regional Planning Maps.

Family subdivisions

All subdivisions must meet the minimum lot size requirements. Exceptions or exemptions do not apply when subdividing a lot for a family member.

Historic family subdivisions have caused:

  • land fragmentation
  • loss of rural land for primary production
  • increased demand on local government infrastructure services.

Learn more about the impact of family subdivisions in the SEQRP.

To build another house on your land for a family member, read about secondary and multiple dwellings on Building in the Toowoomba Region.

Meeting minimum lot sizes

The Planning Scheme maps our Region into different land use zones.

Most zones have minimum lot sizes that must be met.

If a zone does not have a specified minimum lot size, a DA must demonstrate how the proposed lot sizes and configuration are appropriate for the intended land use.

In some cases, minimum frontage widths and frontage-to-depth ratios may determine an appropriate minimum lot size after a detailed examination of the relevant codes.

Minimum lot sizes

Low Density Residential Zone

  • Clifford Park Stables precinct: 1200m2
  • Park Residential precinct: 2250m2
  • All other circumstances: 500m2

No hatchet lots#

Low to Medium Density Residential Zone

  • Regular and corner lots: 300m2*
  • Hatchet lots: 300m2*#
  • Community title scheme: 300m2

*Minimum requirement may change based on the land slope.Refer to Planning Scheme, Part 9.4.5 Reconfiguring a Lot Code, Table 9.4.5:4.

Rural Residential Zone

  • 4000m2 precinct: 4000m2
  • 1ha precinct: 1ha
  • 2ha precinct: 2ha
  • No hatchet lots#

Rural Zone

  • 100ha precinct: 100ha
  • 200ha precinct: 200ha
  • No hatchet lots#

Emerging Community Zone

  • 1ha
  • No hatchet lots#

Township Zone

  • Within a sewered area: 500m2*
  • Within an unsewered area: 2000m2
  • No hatchet lots#

*Minimum requirement if the land slope is <6% or part of a community title scheme, refer to Planning Scheme, Part 9.4.5 Reconfiguring a Lot Code, Table 9.4.5:4 if the slope is more than 6%.

All other zones

Refer to Planning Scheme, Part 9.4.5 Reconfiguring a Lot Code, Table 9.4.5:4

#Hatchet lots are defined in Schedule 1, SC1.2 in the Planning Scheme. ‘Hatchet lots’ typically refers to lots that are located behind another lot and that are accessed via a narrow strip of land (or an easement).

Further assistance

For more information about reconfiguring a lot, contact a Technical Advice Officer.

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