Every deposited plan of survey must contain sufficient information to indicate that the external boundaries have been properly established and do not include any part of adjoining properties or roads.
Existing roads should be redefined and marked in accordance with clauses 29, 30, 31, 41(3) and 45 Surveying and Spatial Information Regulation 2017.
Roads partitioning a lot into two or more part lots
When re-defining existing roads which partition a lot into two or more part lots:
- vinculums must be shown between the separate parts of the lot or
- each separate part must be identified as 'Part Lot', and the area of each separate part must be shown and
- the total area of the parcel must be shown and when 'Part Lots' are depicted on the plan, the total area:
- must be shown within or related to the most significant part of the parcel and
- must be the exact mathematical total of all the areas shown on the plan as being within that parcel.
- where both sides of a road are shown as broken lines, in the base plan (containing no dimensions), the bearings and distances are not required and no vinculums are required to be shown. The total area of the lot must exclude the area of the road.
- when the one side, both sides or the centreline traverse of a road is defined in the base plan, the base plan per original (PO) bearings and distances should be shown.
- when the external boundary of a reserved road coincides with boundary of a 'Part Lot' or a new subdivision boundary the lot must exclude the area of the road.
Any alteration to the manner in which a road was defined in an original plan bearing the consent of the local council will require the reacceptance of the certifying authority, whether or not the amendment was:
- required to comply with NSW LRS standard policies and practices
- requested by the original surveyor or
- requested by any other person.
Right to show frontage for deposited plans registered after 1919, those registered before 1920, for roads provided in a Crown subdivision and roads shown in O'Halloran Estate plans.
Redefinition of a public road where the definition of an existing road in a new plan differs from the original survey, it may be necessary to obtain a consent to the new definition from the relevant roads authority.
Claims to centre line of road (Ad Medium Filum Viae) where there is a presumption (or rule of construction) that a conveyance of land bounded by a road will include half the road "usque ad medium filum viae".
Act 4 William IV No.11 roads was the first statute to authorise the Government to make, alter and improve roads in the colony through private freeholds.
All NSW legislation can be accessed at www.legislation.nsw.gov.au/
Publication Date: October 2024