Wednesday, 5 October 2011

HOW SOON CAN A NEW LOT BE SETTLED -Western Australian

HOW SOON CAN A NEW LOT BE SETTLED -WA
Once the survey plan has been examined at Landgate, you will have two simple options for settling the sale of lots:

1) When an Application for New Titles is lodged at Landgate, the original title is cancelled and new separate titles are created and issued for each lot on the survey plan.
The new separate titles are issued within 3 weeks, depending upon Landgate’s current workload and priorities.

If the original lot is mortgaged, there will be extra expense incurred at the bank to produce the original certificate of title at Landgate. The fee charged varies between financial institutions.
All settlements of the new lots are independent of each other. This means that if one settlement is held up for some reason, all the other settlements will not be affected.

2) Settlement of some of the lots can proceed at the same time as registering the survey plan. This involves lodging the settlement documents along with the Application for New Titles to register the survey plan at Landgate.
If multiple lots have been sold, settling only some of the lots by this option will mean that the new titles will need to be fully issued before the remaining lots can settle. This is likely to take 4-6 weeks.
Remember, that when settling more than one lot with the application, all settlements will be dependent upon each other. This means that if one settlement is held up for some reason, so will all the others.

source: http://www.ppsurvey.com.au

below source: WAPC ph : 0892647777

It is important to note that the Western Australian Planning Commission (WAPC) is the authority that issues approvals / refusals for subdivisions / amalgamations.


Applicant’s responsibility
1. Evaluate relevant zoning provisions of the City of Belmont Town Planning Scheme No. 14 to determine minimum and average lot sizes.
2. Carry out preliminary consultation with affected authorities
3. Conduct a feasibility analysis.
4. Prepare an application for subdivision to the Western Australian Planning Commission (WAPC) through the Department for Planning and Infrastructure (DPI).
Note: An application for subdivision must consist of:
A completed Form 1A, signed by the owner(s) of the land.
Eight (8) copies of the plan of the proposed subdivision (examples included as Attachment 1).
The application, along with the appropriate application fee, must be lodged with the DPI at Albert Facey House, 469 Wellington Street, Perth (telephone 9264 7777). A Form 1A application is available from Council’s front counter on request and includes an Information Sheet and Schedule of applicable fees.

The WAPC refers subdivision applications to appropriate authorities for 42 days consultation period and may include:
  1. City of Belmont (“LG”)
  2. Water Corporation (WC)
  3. Environmental Protection Authority (EPA)
  4. Main Roads Western Australia (MRWA)
  5. Department of Health (DH)
    6. Western Power (WP)

7. AlintaGas (AG)
8. Conservation & Land Management (CALM)
 9. Telstra
10. Swan River Trust (SRT)
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Local governments such as the City of Belmont make recommendations and comments to the WAPC. For example, the City may recommend conditions such as new lots to be cleared of all outbuildings, soakwells and septic tanks. The Water Corporation may recommend a condition requiring each lot to be connected to reticulated sewerage


The WAPC compiles all the comments from relevant authorities and determines the subdivision application. If the subdivision is approved, the approval letter may list a number of conditions that the applicant must meet. After each condition, there will be an abbreviation in brackets detailing the clearance authority. For example, a condition which requires an existing residence to have two carparking bays may have “LG” in brackets after it. This means that the Local Government is responsible for checking compliance with that specified condition and issuing clearance of the condition when it has been fulfilled by the owner.


An example of an approval letter with explanation notes is included in Attachment 2.

Once a subdivision has been approved by the WAPC, the approval is valid for three (3) years. Once approval is granted, the applicant is required to organise appropriate works to meet the conditions stipulated by the WAPC (such as connection to sewerage, removal of outbuildings on proposed vacant lots, construction of one covered carbay and one uncovered carbay for an existing residence etc).





The applicant engages a licensed surveyor to prepare a Plan or Diagram of Survey showing the proposed new lots with areas and dimensions. Once all conditions have been fulfilled, the surveyor will send two (2) copies of the Plan or Diagram of Survey with a letter requesting clearance of each condition relevant to that particular authority.



The applicant collects letters of clearance of condition(s) from affected authorities and forwards them to the DPI. The City of Belmont only provides a clearance for any condition(s) of approval showing “LG” as the clearance authority.

DPI officers check Plan or Diagram of Survey with preliminary approval sketch to ensure all conditions have been fulfilled. If in order, the Plan or Diagram of Survey is submitted to the WAPC for endorsement.

Plan or Diagram of Survey is endorsed by WAPC and returned to Department of Land Administration (DOLA).

Office of Titles (DOLA) will then place the Plan or Diagram of Survey (Deposited Plan) in order “for dealings”.
Proponent can then register for new titles and/or transfers.
*** It is important to note that no building licences can be issued for any proposed lots until the new land titles have been lodged with DOLA for dealing and issued a dealing number.