Land in a scheme that is intended to be dedicated as a road or reserve in the future should be left as part of a development lot or neighbourhood lot rather than be included as part of the association property.
Prior to 1 February 1997 roads and reserves could only be dedicated in a community, precinct or neighbourhood plan thereby restricting flexibility in staging a development. However, amendments to schedule 1 Community Land Development Act 1989 now allow dedication of roads and reserves in the following types of plans:
- Community plan
- Precinct plan
- Neighbourhood plan
- Community plan of subdivision
- Precinct plan of subdivision
- Neighbourhood plan of subdivision.
- The road or reserve must be defined by survey.
Note Lots which are intended to be dedicated as road or reserve must not be designated as proposed road or reserve on the original plan. The previous NSW LRS practice of allowing lots to be identified as 'proposed road' in the schedule of unit entitlements has been discontinued. The intended road or reserve should be shown as a development lot and given a unit entitlement corresponding to the valuation made by a qualified valuer in the usual way.
Development and neighbourhood lots may be dedicated upon registration of a community, precinct or neighbourhood plan of subdivision.
Association property may only be dedicated in a "stand alone" neighbourhood scheme.
Schedule of unit entitlements a replacement schedule of unit entitlements must be provided on the administration sheets of the plan.