REPEGS & SUBDIVISIONS

Driscolls Land Surveyors offers our clients assistance with all aspects of the subdivision process, from initial planning to final marking of the new lots, plan preparation and lodgement at Landgate.

We are experts in land boundary matters. We have a depth of knowledge in the strata title process and the presentation of easement plans.

• Urban and Rural Subdivisions (Green Title) – “The Subdivision Process“
• Strata Titles
• Lot Boundary Re-establishment
• Property Boundary Disputes
• Easement Surveys and Plans

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The Subdivision Process

Acting as your agent, Driscolls Land Surveyors will submit your application for subdivision or strata or survey-strata to WAPC. In the case of a built strata, to the relevant local government.

The following information is required to be submitted to WAPC for all subdivision and survey-strata applications:

1. Completed and endorsed Application Form 1A,
2. Contour and Feature Plan showing the subdivision design, and
3. The correct application fee.

Subdivision Referral

Subdivision applications submitted to the WAPC are referred to the relevant authorities for comment. Once a subdivision application is received by an authority, they will:

1. Assess the application, and;
2. Notify the WAPC of whether the application complies with authority’s requirements. Where an application complies with the requirements, the authority may recommend conditions to be imposed on the application.

Subdivision – Conditional Approval

If the WAPC supports the application, Driscolls Land Surveyors will receive a preliminary approval from the WAPC setting out the conditions that are required to be met prior to the final approval of the subdivision. This letter is generally referred to as the “Letter of Conditional Approval” and is usually issued 3 months after the initial application.

Common conditions for small subdivisions and survey-stratas up to 5 lots include:

• Preparation of the lot for development (e.g. clearing of land, removal of redundant crossovers, demolition of out buildings), and
• Connection to services (e.g. drainage, water and sewer reticulation, underground power supply).

Lots which are abutting a laneway will often attract a condition which will require an upgrade to the laneway or a contribution to its future upgrade. There may also be a condition to widen the laneway.

Reconsideration / Appeal of Conditions and Decisions

A request to reconsider any condition(s) in the WAPC decision may be made to the WAPC within 28 days of the date of conditional approval.

If the applicant is still not satisfied with the conditions or the decision after the reconsideration is determined then the applicant may appeal the decision and or the conditions to the State Administrative Tribunal within a set time frame stated on the letter of conditional approval.

Carrying Out of Works

The conditions imposed on the preliminary approval require a certain level of work to be undertaken prior to the clearance of these conditions. Once all necessary work is completed, in accordance with the conditions clearance of the conditions may be obtained. Driscolls Land Surveyors is also able to act as your project manager to complete these works.

Surveying Matters and Legal Plan Preparation

Driscolls Land Surveyors are your personal Land Development Advisors and will assist you through the entire project.

Under the strict guidelines of the Licensed Surveyors regulations our Licensed Land Surveyors will take care of the legal survey requirements to successfully complete your subdivision, including;-

• Undertake a feature survey of the subject land,
• Assist with the layout and design of the subdivision,
• Prepare the subdivision application for lodgement at WAPC,
• Undertake an authorised survey to mark the new boundaries,
• Prepare legal field notes of the authorised survey,
• Prepare the required CSD digital data,
• Prepare the Deposited Plan depicting the subdivision,
• Lodge all relevant legal documents at Landgate,
• Liaise with the various authorities on clearance matters,
• Collect and lodge with WAPC the required letters of clearance, and
• Track the process through various government departments until we can advise our client the status of the subdivision is “ In Order for Dealings”

It is at this stage that a settlement agent may make application for new certificates of title, the subject of our Deposited Plan.

Clearance of Conditions

To gain clearance of all the conditions, Driscolls Land Surveyors (as your Project Manager) will liaise with the relevant referral authorities (e.g. Western Power, Water Corporation & Local Government).

The relevant clearing authorities will then:

1. Inspect the property,
2. Check that all conditions have been met,
3. If the authority is satisfied that all the conditions have been met then the authority will issue a clearance letter for the relevant conditions,
4. Stamp and endorse the authorised plan of survey,
5. Return the endorsed Deposited Plan / Survey – Strata Plan to Driscolls Land Surveyors.

Final Approval

Once all conditions have been cleared, and the necessary ‘clearance letters’ obtained from all the relevant authorities, Driscolls Land Surveyors will apply (on Form 1C with copies of clearance letters attached) to the WAPC for endorsement of the Deposited Plan / Survey – Strata Plan. Our staff will also advise you when the plan of survey is placed in the status of “In Order for Dealings” by Landgate so that your settlement agent may apply for new titles.