Both the Local Government Act 1993 and the Roads Act 1993 are silent on many aspects of the creation of isolated and temporary roads. However, NSW LRS has an accepted policy whereby any new deposited plan that intends to dedicate a new road will not be registered unless legal access is provided to any new road from the existing public road system. This may be by means of a temporary road, a right of carriageway in favour of the council, or other means approved by the Registrar General.
A temporary road can only be created in a new plan of subdivision, an existing parcel of land cannot, by itself, be dedicated as a temporary road. A temporary road can however be created between two new or existing roads without the creation of an isolated road.
The temporary road must be one or more lots in the subdivision and an appropriate statement of intention that the lot(s) are to be temporary road must be added to the Statements Panel on the Administration Sheet. Temporary roads are an arrangement between the council and the subdivider, on closure the council is obligated, wherever possible, to transfer the fee of the temporary road back to the original subdivider see Closure of a Temporary Public Road. On registration of the plan, the new title for the temporary road will issue in the name of the council, and bear a notation:
'The land within described is temporary road'.
Where a deposited plan provides for the opening of an isolated and a temporary public road, the following will apply:
- the isolated road will be treated as a public road
- the lot(s) comprising the temporary public road and the site of the of the isolated road shall be shown in the same plan
- an existing isolated road may be extended without creation of a new temporary public road provided the extension is comprised within a residue lot in the original subdivision (e.g. in a development with two (or more) stages)
- a new isolated road may not opened, where it depends directly on an existing temporary public road that was created in a different and/or adjoining subdivision as the adjoining land may be being developed by a different subdivider.
Note 1 A new public road may not be created adjoining a Travelling Stock Route (TSR) as Section 75 Local Lands Services Act 2013 provides that only the adjoining land occupier (not the public) has a right of access across the TSR to an existing public road. In these instances the plan must also create an extra lot defining the position of the new road across the TSR to the existing public road formation. This lot must then be gazetted as public road in the usual manner. As the TSR comprises Crown Title land the consent panel on the Administration Sheet must be signed by an authorised officer of the Crown Lands Office.
Note 2 A new public road that is separated from the existing public road system by a railway is treated as an isolated road unless a specific consent is obtained from State Rail and any other affected party (e.g. Australian Rail Track Corporation as lessee) that the public may traverse the railway corridor (by means of a bridge, level crossing etc.) to gain access to the new road.