Dedication of association property may only occur in a 'stand alone' neighbourhood scheme.
Association property in a community plan, precinct plan or neighbourhood plan which is part of a community scheme may not be dedicated as road or reserve. If, after a community scheme has been established, association property is required for road purposes the road authority may resume association property [Part 6 Community Land Development Act 1989] or lodge an acquisition plan [see s.34 Community Land Development Act 1989].
A neighbourhood association in a 'stand alone' neighbourhood scheme may dedicate some but not all of its association property as road or reserve providing it has access to a public place [see s.21 Community Land Development Act 1989]. A neighbourhood plan of subdivision must be lodged defining the road or the reserve and the residue of lot 1. The plan must include an additional sheet of the detail plan, a replacement sheet for the association property plan and administration sheets.
The administration sheets should include:
A plan heading as follows:
Plan of Subdivision of Lot 1 in DP…. and dedication of Road or Reserve as appropriate.
A certificate indicating that the association resolved to dedicate the land pursuant to a unanimous resolution Approved form 21 (PDF 59 KB).
A certificate indicating that all interests of which the association has notice have been released and that any by-law restricting the use of association property no longer affects the land being dedicated Approved form 25 (PDF 25 KB).
A certificate indicating that the Initial Period has expired Approved form 24 (PDF 48 KB) or the dedication must have been authorised by the Tribunal. [see s.23(4) Community Land Management Act 1989]
The plan must be prepared on Plan form 2 (PDF 37 KB) and include additional sheet(s) of the detail plan. The sheet must contain a note as in Approved form 15 and fully define:
- The boundaries of lot 1. The new boundaries must be defined by survey.
- Any land to be dedicated as road.
- Any land to be dedicated as a public or drainage reserve. This must be shown as a lot and given the next available number. The lot should be labelled as Public Reserve or Drainage Reserve as appropriate.
Association property plan
The plan must be prepared on Plan form 2 (PDF 37 KB) and include replacement sheet of the association property plan. The sheet must contain a note as in Approved form 16 (PDF 49 KB) and provide a compiled definition of lot 1.
Also see Schedule of unit entitlements.