All parcels, which are to be dedicated to the public as new road or pathway, or addition to existing road (road widening) upon registration of a new deposited plan shall be identified as such either by street name or some other designation (eg Road 20.115 Wide). A new parcel of road widening is usually defined by a statement of its area. The boundary between the new road or road widening and the existing road network should be shown on the plan by broken lines. New roads may be allocated lot numbers in some instances (where it is intended to lease or stratum subdivide whole or part of the road). In these instances new titles will be created in the name of the road authority. The new titles will be endorsed with a notification:
'THE LAND WITHIN DESCRIBED COMPRISES PUBLIC ROAD'
Parcels in Acquisition/Resumption plans must be defined and numbered as a lot(s) in the plan in order to facilitate later gazettal of the road dedication. All new road boundaries must be defined by survey.
The dedication of a new road, road-widening or pathway over the site of an existing easement must be made subject to that easement.
Note New roads in plans of subdivision lodged by the Department of Housing are often not intended to be dedicated to the public as at the date of registration of the plan. In these instances the proposed roads are numbered as lots in the plan and the road excluded from any road dedication statement. New certificates of title for the lots will issue in the usual manner. The Department of Housing will subsequently either gazette the lots as public road or lodge a second plan dedicating the lots as public road in the usual manner.
New roads may only be dedicated over Torrens title land (or Old System land following conversion action to Torrens title).
New roads affecting Crown land
All plans of survey defining a new road over Crown land must have the appropriate approval of Crown Lands regardless of the purpose of the plan see Road boundaries page.
Approval should be sought through the Western Region Office (Dubbo).
New roads affecting the entirety of a current parcel
An existing parcel of land can be dedicated to the public as public road in a new deposited plan. The new plan should redefine the proposed road by survey ensuring that sufficient Reference Marks have been placed or found to satisfy the provisions of Clause 31 Surveying and Spatial Information Regulation 2017.
If sufficient marks are available to satisfy Clause 36 and all boundaries are co-incident with the base plan, a request for exemption from a plan of survey may be made to the Plan and Title Advisor NSW LRS. The usual public road dedication statement should be added to the Statements Panel on the Administration Sheet of the new plan.
As the new road constitutes a 'separate occupation or use' (see above) and the local council must accept its on-going maintenance and upkeep, a completed subdivision certificate will be required.
Note If the subdivision certificate is completed by a registered certifier of a statutory authority, the plan must also be signed by an authorised officer of the local council.