Before you begin your subdivision project, it’s good to be aware of regulations relating to public open space contributions. If you haven’t already factored in potential public open space contributions to your budget, you may face unexpected financial burdens during your subdivision.
What is Public Open Space?
Public open space can be any nature or recreational reserves, parks, public gardens, and open civic areas that the public has the right to use and enjoy.
Ensuring adequate public open spaces is a priority for government as they are associated with increased physical activity and improved mental health.
Public Open Space and Subdivision
Public open space contributions are payments made to the local council when land is being subdivided and additional lots are created.
These contributions are paid by the subdivider of the land. They are used to maintain or build new open space infrastructure to be used by the community that will reside in the subdivided land.
Public open space contributions can be applied by council through a planning permit for subdivision.
Generally, open space contributions are sought for
most residential subdivisions of 3 or more lots.
Under the Subdivision Act, to subdivide land, you may be required to:
- set aside up to 5% of the land for public open space
- pay up to 5% of the site value of the land
- a combination of both.
While the above indicates a 5% cap, municipal councils can specify a different amount in their planning schemes through the schedule to clause 53.01 – Public Open Space Contribution and Subdivision. The Victorian Planning Authority recommend planning schemes to require a 10% contribution.
In our experience, councils across Melbourne have been applying a range of 3%-10% of land value to public open space contributions.
Are they any exemptions?
Your subdivision may be exempt from a public space contribution if it falls within the definition of a Class 1 or Class 2 subdivision under the 53.01 – Public Open Space Contribution ordinance.
As public open space contributions can vary from subdivision to subdivision and from council to council, it is best to speak with a Licensed Land Survey early in your project to determine if you will have to budget this contribution into your project.
How can we help?
If you need assistance with a Subdivision, give Sam and team at
Linear Land Surveying,
(Melbourne land surveyors) a call on
9873 8888, or email
survey@linearlandsurveying.com.au for more information and help.
The information on this website is intended to be general in nature and is not personalised land development advice. It does not take into account your specific objectives, land development site or financial situation. Before acting on any information, you should consider the appropriateness of the information provided and seek more specific advice from the professional team at Linear Land Surveying.
