Most subdivisions that create one or more additional lots will require a development approval. Part 5 – Tables of assessment of the Toowoomba Regional Planning Scheme identifies if a development application is required, and the level of assessment for the development. Refer to Key facts about your property to determine if your proposal requires an approval.
Some types of Reconfiguring a Lot are accepted development and do not require a development approval, including amalgamation of 2 or more lots and the creation of common property within a community titles scheme. These proposals can generally proceed to register the title with the Queensland Government, however your survey plan may need to be endorsed by Council.
For more information regarding the level of assessment, please contact Council’s Technical Advice Officers on 131 872.
Specific requirements of the reconfiguring a lot code
Planning Scheme Part 9.4.5 ‘Reconfiguring a Lot’ code, of the planning scheme, contains specific requirements for planning and design of development, including:
- Master planning of greenfield development and land in the emerging community zone;
- 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); and
- Lot layout design and its response to the natural environment including minimising risk from natural hazards, such as bushfire and flooding.
Property boundary realignment requirements
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 (Planning Scheme Part 9.4.5). If it does not comply with all of the criteria, a development approval is required. The requirements of the Reconfiguring a Lot code must be addressed in an application.
Minimum lot size requirements
All areas within the Toowoomba region are included in a zone. Several of these zones require that a new lot has a minimum size. The following table provides a brief summary of the minimum lot sizes for new lots. Where Reconfiguring a Lot is proposed in a zone that has no specified minimum lot size, you will still need to demonstrate that the proposed lot sizes are appropriate for the way the land is intended to be used and meet other criteria, e.g. minimum frontage widths (if applicable).
Low density residential zone
- Clifford Park stables precinct: 1,200m²
- Park residential precinct: 2,250m²
- Everywhere else: 500m²
Emerging community zone: 10 hectares
Rural residential zone
- 4,000m² precinct: 4,000m²
- 1 hectare precinct: 1 hectare
- 2 hectare precinct: 2 hectares
- 100 hectare precinct: 100 hectares
- 200 hectare precinct: 200 hectares
- Heinemann Road transport precinct: 100 hectares
- Within a sewered area: 500m²
- Not in a sewered area: 2,000m²
All other zones: No minimum lot sizes*
*Whilst there may not be specific minimum lot sizes in some zones, minimum frontage widths and frontage to depth ratios may determine a minimum lot size after a more detailed examination of the relevant codes.
South East Queensland Regional Plan
The statutory provisions in the Queensland Government’s South East Queensland Regional Plan 2009-2031 override the provisions of the Toowoomba Regional Planning Scheme.
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.
If new lots are created, generally infrastructure contributions are payable on each new developable lot created. If lots are only realigned (and no additional lots are created), contributions are not payable. Contributions must be paid prior to Council endorsing the survey plan. Council’s Infrastructure Contributions 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 2017/2018.
After application lodgement
After your application is lodged, Council will assess it in accordance with procedures 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.
Other approvals that may be required
A range of additional development approvals may be required before a subdivision can take effect. This may include, but not limited to, development permits for building work, operational work and 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 titles office. 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 signing for further details.