Thu | Apr 27, 2017

Subdivision rules

Published:Sunday | September 14, 2014 | 9:00 AM
Craig Francis

Nine lots or less

This week, I will be responding to a question from an avid reader.

Hi Craig,

Thanks for the insightful articles you provide about land and land use. I have a question concerning the 'nine lots or less' policy.

I am in the process of preparing eight lots that would be a part of an existing village with a parochial road the lots would be cut along. I can pull power by adding additional poles and water is also nearby.

Would the parish council consider these new eight lots a new development or just a natural expansion of the village?

Am I limited to just eight lots or can I do additional lots without having to get a subdivision approval, even though I am not cutting any new roads?

Thanks in advance for your response.

- Keith

Thanks for reading the column and I am happy that you find it insightful. Your question is multiple parts and I will try to address each part. First, many person see you write the 'nine lots or less' policy and wonder to what you refer.

There is a different set of requirements for subdivision that have less than 10 lots. You seem to be under the impression that if you are doing a subdivision of nine lots or less you don't need to seek or get a subdivision approval from the local authority. Let me state categorically that this is not so, all subdivisions need approval from the local authority. So this should answer your question as to if you are only doing an eight-lots subdivision, will you need to get approval for your subdivision? Yes, you will. Even though you will not be 'cutting' any new roads you are required to prepare a subdivision proposal and seek approval from the municipal authority.

So it has nothing to do with the fact that you can get water and electricity from the adjoining village or the fact that you are not 'cutting' any new road. Even if the lots were individually surveyed and diagrams already exist for the lots, a subdivision approval still has to be sought from the local authority. This is necessary as no titles will be issued for any of the lots that are from part of a larger parcel without an approved subdivision plan.

Finally, the nine lots or less policy to which you refer only states that subdivision proposals submitted to the local authority has different and more relaxed requirements by the local authorities. For instance, most times for subdivision proposals nine lots and less you may not be required to conduct a topographic survey and some other requirements are waived. My colleague Charles Johnson will expound more about the whole subdivision process in subsequent publications.

I hope I was able to bring some clarity your mind, with regard to your concerns, Keith. Feel free to write me if there is anything else you don't understand.

Keep sending your questions and comments and let's continue to explore A Matter Land. Until next time, traverse well.

Craig Francis is a commissioned land surveyor and managing director of Precision Surveying Services Ltd. He can be contacted for questions or queries at craig_r_francis@yahoo.com or his Facebook page Precision Surveying Services