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Last Updated: Wednesday, 30 October 2024 14:41

‘Reconfiguring a Lot’ as defined under the Planning Act 2016 can include subdivision of land into multiple lots, rearranging the boundaries or two (2) or more lots where no additional lots are created, amalgamating 2 or more lots, creating an access easement or creating common property in a community title scheme.

Types of Reconfiguring a Lot

Subdivision of lots

In most cases a subdivision will require a development approval, which is assessed by Council against the Toowoomba Regional Planning Scheme. There are specific requirements in the Reconfiguring a Lot code which include specific planning and design requirements such as:

• Master planning of new development in a logical pattern and sequence
• Neighbourhood design and lot mix
• Minimum lot size and frontage requirements
• Roads, pedestrian and cycle path design and layout
• Open space provision
• Infrastructure provision (e.g. water, wastewater and stormwater)
• Lot layout design and its response to the natural environment including minimising risk from natural hazards such as bushfire and flood

Amalgamating lots

Amalgamation of two (2) or more lots is typically accepted development and does not require a development approval. However, an application must be made to the Department of Natural Resources, Mines and Energy to register the Plan of Subdivision.

Realigning property boundaries

A realignment of property boundaries may be accepted development (i.e. not require a development permit) if it can meet the criteria listed in the Reconfiguring a Lot Code in the Toowoomba Regional  Planning Scheme 2012 (the Planning Scheme), Part 9.4.5.

However, if the proposal does not comply with all of the relevant criteria, a development approval is required. 

Minimum lot size requirements

The Planning Scheme maps all areas within the Toowoomba Regional Council within a land use zone. Typically, each zone gives a minimum lot which must be met. Where a zone does not provide a specified minimum lot size, a development application must demonstrate how the proposed lot sizes and configuration are appropriate for the intended use of the land.

South-East Queensland Regional Plan requirements

The statutory provisions in the Queensland Government’s South East Queensland Regional Plan 2017 (ShapingSEQ) override the provisions of the Toowoomba Regional Planning Scheme 2012.

Under the regional plan, parts of the Toowoomba Region are included in the ‘Regional Landscape and Rural Production Area’. A minimum lot size of 100 hectares applies when subdividing a property in this area.

Any proposal to subdivide a property to a size less than 100 hectares is prohibited development and Council cannot accept your application for assessment. The State Government has Regional Planning Maps associated with this plan that outlines whether your lot is included in this plan. 

Submitting an application for approval

To obtain approval, a development application needs to be submitted to Council for assessment. For more information on application submission requirements and methods please see Application for Subdivision.

After your application is submitted, Council will assess it in accordance with the process outlined under the Development Assessment Rules. The stages and duration of the assessment process vary depending on whether the application is subject to code or impact assessment.

Infrastructure Contributions

If new lots are created, generally infrastructure charges are payable on each new developable lot created. If lots are only realigned (and no additional lots are created), charges are not payable.  Contributions must be paid prior to Council endorsing the survey plan. Council’s Infrastructure Charges Coordinator can also provide written estimates of infrastructure contributions on submission of APP 020 Estimate of Infrastructure Charges Request and the applicable fee as per Council’s Planning and Development Group Register of Cost Recovery Fees and Charges.

Other approvals that may be required

A range of additional development approvals may be required before reconfiguring a lot can take effect. This may include development permits for building work, operational work and/or endorsement of a survey plan.

Next steps after approval is received

Generally, Council will issue an approval with conditions. These conditions must be complied with prior to Council endorsing a survey plan and the new lots being registered with the State Government Department of Natural Resources, Mines & Energy. These conditions can include things such as the following:

• Connection to Council’s infrastructure network – e.g. water and sewer connections;
• Connection to other relevant infrastructure networks such as the electricity and telecommunications networks; and
• Construction of a driveway.

Other conditions may be applied to your development.

Once you have completed the requirements of your approval conditions, you will need to apply to Council to have your survey plan endorsed. Please see survey plan endorsement for further details.

Related information

Toowoomba Regional Planning Scheme 2012Toowoomba Regional Planning Scheme 2012 (Planning Scheme)

Planning Act 2016

Regional planning maps

Further assistance

For further information please phone Council’s Technical Advice Officers on 131 872, or visit your nearest Customer Service Centre.