New roads created in a deposited plan (SSIR 2017)

For all survey's completed in accordance with the Surveying and Spatial Information Regulation 2024, please refer to this page.

On registration with NSW LRS of a plan creating a:

  • new road,
  • widening an existing road or
  • pathway

which bears a Subdivision Certificate and a statement of intention to dedicate the specified land as public road, the land is deemed to be opened as a public road.

On opening, the land comprising the road, road-widening or pathway vests in the local council or other relevant road authority in fee simple. The land can be identified on the plan as either a lot in the deposited plan, road name or road widening (with area).

Where it is intended to dedicate the whole of a lot in the deposited plan for road, the plan heading should refer to ‘Plan of Subdivision of lot…. in DP….’ and will require a completed Subdivision Certificate. The plan must comply with clause 31 Surveying and Spatial Information Regulation 2017.

A compiled plan may be acceptable provided it is based on a survey plan which has been marked in accordance with clause 31.

Where land burdened by a subsisting easement(s) (not intended to be released) is being dedicated as a public road, the site of the easement(s) should be shown on the face of the plan and the statement of dedication should be suitably qualified e.g.:

IT IS INTENDED TO DEDICATE JOHN ROAD TO THE PUBLIC AS A PUBLIC ROAD, SUBJECT TO THE EASEMENT FOR TRANSMISSION LINE 20.115 WIDE CREATED BY DP801234

For further information please see Plan requirements page which provides information on plans for parcels to be dedicated to the public as new road or pathway, or addition to existing roads.

All NSW legislation can be accessed at www.legislation.nsw.gov.au/
 

Publication Date: March 2025