Plan of Subdivision

Often, approval of the Plan of Subdivision is one of the final steps in completing a Reconfiguring a Lot development and having it registered at the Titles Office.

If a Development Permit was granted for the development, you must show that all works are complete and all development approval conditions are fully satisfied. This must be done before Council can approve the Plan of Subdivision.

Some developments don’t require a Development Permit prior to approval eg for amalgamation of Lots. In those cases, there may be different requirements to approve the Plan of Subdivision.

You will need to supply evidence to support the application, including a Plan of Subdivision, any legal documents and payment of rates and Infrastructure Charges. All Council rates and charges, and any other charges over the land (under any Act), must be paid before the plan can be approved. This includes rates and charges levied by us that are not yet due.

Once we are satisfied that all development conditions, works, documents and payments are in order, we will approve the Plan of Subdivision in a short timeframe (less than 20 business days).

The following is a broad overview of the process to approve a Plan of subdivision.

Step 1 - Prepare and submit application for Approval of Plan of Subdivision

Review and read the Application Guideline ( PDF, 0.43 MB ) for detailed notes and tips on preparing your complete application. This will help you identify what documents and information you will need to submit with your application.

We recommend you start collating all supporting documentation well in advance of the application. It can take time and may involve third party professional assistance eg surveyors, legal professionals and private town planning consultants.
Prepare your application for Approval of a Plan of Subdivision ( PDF, 0.49 MB ) and submit it with all the required supporting documentation.

It is information that your application is complete and compliant, so that we can assess it and decide in accordance with the criteria contained in Schedule 18 of the Planning Regulation 2017.

You will need to submit it as a complete application package and pay the application fee at lodgement. You can calculate the application fee prior to lodgement by using the current adopted Development Assessment fees and charges ( PDF, 0.05 MB ).

We prefer that you lodge your application electronically. If your material is too large for electronic lodgement, you can lodge it over the counter at our Customer Service Centre, 119-145 Spence Street, Cairns.

If you intend to lodge your application material both electronically and over the counter, be sure to advise of this in writing at time of lodgement.

Step 2 - Assess

After we receive your application and supporting documentation, we will do an initial assessment.  This is to ensure that all criteria have been met and that your application is complete.

If the application is complete, we will give you written notice that the Plan of Subdivision application is complete and that Council may now approve it.

If the application is incomplete – for example, due to missing and incomplete application documentation or outstanding rates and Infrastructure Charges - we will give you a written notice advising of the outstanding matters. If we give you a notice of an incomplete application, you need to respond with the necessary information.

There is no statutory timeframe in which to ensure an application meets the minimum compliance standards. However, the statutory 20-day timeframe to decide to approve the Plan of Subdivision can only commence once the application is deemed to be complete.

Step 3. Decide

Once the application is considered complete, the application immediately moves into the decision phase.

The decision phase means the application complies with minimum assessment criteria and the Plan of Subdivision must now be approved by Council.

The statutory timeframes to decide to approve the Plan of Subdivision will commence from the date the application becomes complete.Schedule 18 of the Planning Regulation 2017 states that Council must approve a Plan of Subdivision within 20 business days of the application being complete.

Once a decision is made, we will give a Notice of Decision to the applicant, along with the return of relevant signed documents.

Step 4. Register with Titles Office

Once the Plan of Subdivision has been approved and returned to you, you must register it with Titles Queensland.  You cannot build on the newly-created lot until you have registered the Plan.

Registration must be done within six (6) months after the approval, otherwise the Plan of Subdivision will need to be re-signed by Council before it can be registered.

Step 1. Download application form and guideline

Firstly, download and save the Guideline for the Approval of a Plan of Subdivision ( PDF, 0.43 MB ).  Review and read the Guideline. It has been setup with tips, notes and advice on how to complete a decision ready Application.

Download and save the Application to Approve a Plan of Subdivision ( PDF, 0.49 MB ) for each application.

At this point, you can start working out what documents and information is required to complete the application.

Step 2. Collate supporting documentation and complete application form

Start collating all supporting documentation necessary to submit a completed application.

We recommend you begin this well in advance of the application being required to be given to Council. It can take time to prepare all documentation and may involve third party professional assistance, including surveyors, legal professionals and private town planning consultants for example.

Calculate the application fee prior to lodgement, using the current adopted Development Assessment fees and charges ( PDF, 0.05 MB ). You will need to pay the fee at time of lodging the application. Please refer to the Application form for payment methods.

Step 3. Complete and submit application for approval

Once the subdivision development is fully completed and the application and supporting documents are complete, the application may be submitted to Council.

We prefer applications to be lodged electronically.

If your application material is too large for electronic lodgement, you can submit it over the counter at our Customer Service Centre, Spence Street, Cairns.

If you lodge your application material both electronically and over the counter, be sure to advise of this in writing at time of lodgement.

If you are creating, transferring or surrendering an easement as part of a plan of subdivision, provide easement or surrender easement documentation with your application.

As a minimum, the following forms are required for surrender, transfer and creation of easements:

Transfers

Transfer document – Form 1
Schedule of Trust document – Form 20

Easements

Easement document – Form 9

We only need originals of legal documents that require execution by Cairns Regional Council. For example, Transfer or Easement documents to which the Council is a party and Community Management Statements.

Copies of any other legal documents, for example private easement, must be provided for our records only, usually in the form of a Registration Confirmation Statement from Titles Queensland.

You must use the correct Standard Terms Document number. We recommend that you seek legal advice in relation to the preparation of legal documents. You can find application forms, checklists and preparation information from Titles Queensland.

If you wish to vary the standard terms document wording, you will need to contact one of Council's nominated solicitors to prepare the easement document at your own cost.

To use the Standard Terms Document, your solicitor will need to complete the relevant (Drainage, Water or Sewerage) Form 9 where required with the relevant details i.e.-

• Item 1 Grantor & Lodger
• Item 2 Description of Easement, and
• Item 8 Signatures for Grantor & Witness

Standard Terms Documents

The following Standard Terms Documents are provided:

Once the required forms are completed, your solicitor will need to forward original signed copies of the Easement document to Council for signature and witnessing as part of the application to approve a Plan of Subdivision.

When the Easement document and Plan of Subdivision is lodged with the Titles Office, please return a Registered Copy of the document and the Confirmation Statement to Council for our records.

We suggest you contact a Surveyor to help you prepare a Plan of Subdivision.

This will generally involve a Surveyor to undertake survey of the land and establish the new boundaries and the subsequent preparation of the Plan of Subdivision.

All Council rates or charges and expenses that are a charge over the land under any Act must be paid before plan sealing. This includes rates and charges levied by us that are not yet due.

Infrastructure Charges are payable prior to the approval of the Plan of Subdivision. The final amount payable is calculated at the time of payment (indexed). Prior to making an application to seek approval for the Plan of Subdivision, applicants are advised to obtain updated infrastructure charges calculation at least 7 to 10 days prior to submitting the application to enable the calculation and payment to be made in full.

To request an updated calculation, please email a written request citing the Development Permit reference (or copy of Development Permit and/or the Infrastructure Charges Decision Notice). Updated charges are generally provided within 5 business days.

For more information, please also our Infrastructure Charges web page.

Cairns Regional Council issues rates notices twice a year:

• in January/February (for the period 1 January to 30 June); and
• in July/August (for the period 1 July to 31 December).

Rates are due at least 30 days from the date of issue of the rate notice. The due date is shown on the front of the notice.

See our Rates web page for more information on rates, including rating periods, issue dates and rate payments.  Alternatively, you can email Customer Service or phone 1300 69 22 47.

Schedule 18 of the Planning Regulation 2017 states that we must approve a Plan of Subdivision within 20 business days. The 20 business days commences only when a complete application is received that meets the minimum compliance requirements of Schedule 18 of the Planning Regulation 2017.

Importantly, the timeframe for ensuring an application meets the minimum compliance standards is not a statutory timeframe. It can vary. Factors which affect the start of the statutory 20 business days may include missing and incomplete application documentation, and outstanding rates and Infrastructure Charges.

We welcome feedback on this process and we aim to continually respond to the needs of customers. You can send feedback via email. We will collect and review it, and where necessary, take action.

For assistance or questions about the process, you can choose from the following contact options.