land victoria kevin bond subdivision branch proposed changes subdivision (procedure) regulations...

Land Land VictoriaVictoria

Kevin BondKevin Bond

Subdivision BranchSubdivision Branch

Proposed changesProposed changes

Subdivision (Procedure) Regulations Subdivision (Procedure) Regulations 20002000

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Subdivision Procedure Subdivision Procedure RegsRegs

Review of Subdivision Procedure RegsReview of Subdivision Procedure RegsWhat we have aimed at- What we have aimed at- • Consistency in interpretation/understandingConsistency in interpretation/understanding• Consistency in representationConsistency in representation

Example of inconsistencies - Reg 10,11 & 12Example of inconsistencies - Reg 10,11 & 12

• Definitions/presentation of Building Boundaries– upper boundary (2 views of internal face)

Underside ceiling vs underside of slab/structure– Median (3 views) next slide

Median ExampleMedian Example

3 possible medians:

Suspended Ceiling

Floor Level

Median is in airspaceSlab (building structure)1)

Median of Suspended Ceiling

Median of Slab

½ Slab & airspace in Common PropertySlab (building structure)

2)

Suspended Ceiling

Floor Level (elevated)Mid point between faces of building Structure (i.e. Slab)

Slab (building structure)3)

Suspended Ceiling

Floor Level

LV preference!

2 Medians for 1 bdy

Air space

Air space


Any building or part of a building that defines aboundary must be identifiable from the plan

Use of Buildings to define Boundaries

ExceptionsExceptions

All internal Columns, Service ducts, Pipe Shafts & Cable Ducts, service installations (other …..) within the building are deemed to be part of Common Property (...).The positions of these Columns, Service ducts, Pipe Shafts & Cable Ducts, service installations (other …..) have not been shown on the diagrams contained herein.


Interior face: lies along the interior face of any wall, floor, ceiling, window, door, balustrade of the relevant part of the building, excluding any suspended ceiling, elevated floor, wall covering, floor covering and fixtures.

Use of Buildings to define Boundaries – Internal FaceA notation identifying the location of boundaries defined by buildings must be shown on all relevant plans.

Unless otherwise specified on the plan the location of any building boundary defined as:

See Example Next slides


Use of Buildings to define Boundaries – Internal Face

XX’

1Interior

Face

2

CP1

Ground Storey

XX’

PLAN – Horizontal Boundary

Actual Horizontal Boundaries

Window

Door

Interior

Face

CP11

Subdivision Procedure Subdivision Procedure RegsRegsUse of Buildings to define Boundaries – Internal Face

Actual Vertical Boundaries

CP1

Wall

Foundations

Window

Interior Face

Interior Face

Window

Wall

Slab

Slab

Suspended Ceiling

31st Storey

Ground Storey

1

Cross section X – X’ (Not to Scale)

3

1

Common Property 1

CP1

Interior Face

Interior Face

1st Storey

Ground Storey

Cross Section Boundaries


Median: lies within the middle of the building structure of any wall, floor, ceiling, window, door, and balustrade of the relevant part of a building, excluding elevated floor or suspended ceiling, eg:

Use of Buildings to define Boundaries - MedianUnless otherwise specified on the plan the

location of any building boundary defined as:

Building structure (ie. Slab)

(A) upper face of building structure

(B) underside of building structure

Median = Midpoint between (A) and (B)

Suspended ceiling

Elevated floor

See further example next slides

Subdivision Procedure Subdivision Procedure RegsRegs Use of Buildings to define Boundaries – Median


Window

Door

Median

CP11

XX’

1Median

2

CP1

Ground Storey

XX’

PLAN – Horizontal Boundary

Subdivision Procedure Subdivision Procedure RegsRegsUse of Buildings to define Boundaries – Median


CP1

Door

Foundations

Median

Median

Window

Wall

Slab

Slab

Suspended Ceiling

31st Storey

Ground Storey

CP1

1

Cross section X – X’ (Not to Scale)

3

1

Common Property 1

CP1

Median

Median1st Storey

Ground Storey

Cross Section Boundaries


Exterior face: lies along the exterior face of any wall, floor, door, window, balustrade, roof, eave and foundation and are external to the building and/or

Use of Buildings to define Boundaries – Exterior faceUnless otherwise specified on the plan the location of any building boundary defined as:

See Example Next slide

Subdivision Procedure Subdivision Procedure RegsRegsUse of Buildings to define Boundaries – External Face

XX’

Window

Door


External Face


1 2

Eaves

Foundations

Roof

Window

Guttering

External Face

External Face

Plan Boundaries


Where interior face is used to define the location of boundaries defined by buildings and all walls, floors, ceilings, windows, doors, balustrades, service installations or appurtenances of the building which define boundaries are within common property, The following notations should be shown on the plan –



Location of boundaries defined by buildings-

Interior Face: All boundaries

Example of required notations when using Interior face

The structure of any wall, floor, ceiling, window, door, (other …..) which define boundaries are contained within Common Property (…).

orCommon Property (....) is all the land in the plan except the lots & (Roads &/or Reserves - if applicable) and includes the structure of any wall, floor, ceiling, window, door, (other …..) which define boundariesAll internal Columns, Service ducts, Pipe Shafts & Cable Ducts, service installations (other …..) within the building are deemed to be part of Common Property (...). The positions of these Columns, Service ducts, Pipe Shafts & Cable Ducts, service installations (other …..) may not have been shown on the diagrams contained herein.


• Where a plan adopts exterior face to define location of boundaries, the said boundaries are the exterior of the building.

• If a plan uses exterior face, interior face or a combination of both exterior and interior face of a building to define boundaries, the extent of the building must be clearly identifiable on the plan by either depiction or notation. Eg; The extent of the building includes those spaces defined by balconies, enclosed courtyards and the entrance to the underground car park (other…).


(not the lot)


Where a plan adopts a face of a building or Where a plan adopts a face of a building or part of a building to define the location of part of a building to define the location of boundaries the plan must identify which boundaries the plan must identify which parcels contain the relevant structure of parcels contain the relevant structure of that building. that building.

Diagram & Text examples provided in later Diagram & Text examples provided in later slides.slides.



Where the whole or part of a boundary is defined by a building or part of a building, the relevant boundaries must be identified on the plan by one or more of the following;

a) a thick continuous lineb) notation

Where the position of hatching along a parcel boundary, easement boundary or feature of a building is used to define the location of the structure of a building, an appropriate notation to this effect must be shown on the plan.

Method of showing boundaries on a plan

Changes to Building Boundary default


The depiction of any structure or features of a building on a plan that does not constitute a boundary must differ significantly to that of an easement on the same plan, unless they are one and the same.

Subject to sub-regulation #(below) a boundary must be shown by a continuous line.

#A thick broken line must be used where a boundary is a projection of a boundary defined by reference to a building shown on a cross-section.

Method of showing boundaries on a plan

Subdivision Procedure Subdivision Procedure RegsRegsMethod of showing boundaries on a plan

Location of boundaries defined by buildings.Median: Boundaries marked M

Face of walls, floors, ceilings, doors, windows, balustrades: All other boundaries.

Hatching within a parcel indicates that the structure of the relevant walls, floors, ceilings, doors, windows and balustrades (other) is contained in that parcel.


Location of boundaries defined by buildings-

Interior Face: all boundariesBasement levels: the interior face of ceilings walls and floors –

Levels - ground to 4: the underside of the suspended ceilings and the interior face of walls, floors, doors, windows and balustrades(excluding elevated floors, wall and floor coverings and fixtures)

Levels - 5 to 10: the interior face of walls, doors, windows, balustrades (excluding wall coverings and fixtures), the underside of the suspended ceilings, and the upper surface of the elevated floor (excluding floor coverings & fixtures).

Example - if not adopting default location of boundaries

Otherwise Specified

Default Position

Otherwise Specified

Use of Cross Sections

Subdivision Procedure RegsSubdivision Procedure Regs

When is a Cross section required?

When lots, roads, reserves or common property are located above or below each other or above or below lots, roads, reserves or common property not in the plan then a cross section, plan of elevation or diagram must be shown on the plan.

Proposed addition

Unless defined by dimensions a cross section should indicate the extent of relevant parcelsby identifying the specific features of a building that defines a boundary.

Use of Cross Sections


Boundaries shown by thick continuous lines are defined by buildings.Location of boundaries defined by buildings.Interior Face : All Boundaries

Example of specific features defining boundaries


General Section X - X‘ (Not to Scale)

Common Property 1

Com

mon

Pro

pert

y

1

Common Property 1

Underside of suspended ceiling

Com

mon

Pro

pert

y

1

First Storey

Ground Storey

Lots 10 to 19 (B.I.) (See diagram 3)



Upper surface of elevated floor Structure


Common Property is all the land in the plan except the lots and includes the structure of all walls, floors, ceilings, doors, windows balustrades etc…. which define boundaries

Example of specific features defining boundaries


General Section X - X‘ (Not to Scale)

Common Property 1

Com

mon

Pro

pert

y

1

Common Property 1


Com

mon

Pro

pert

y

1

First Storey

Ground Storey



Underside of suspended Ceiling



Upper face of elevated floor Structure


Vinculums & Cross Sections


Site Level

(Topmost Storey)1

2 (Ground Storey)De

led

io

Dri

ve

Site

B

ound

ary

Common Property

No. 1

Cross Section X – X (Not to Scale)

No Vinculums will be required in cross sections !

Projections thick broken lines

The method of showing boundaries defined by aThe method of showing boundaries defined by a

building or part of a building on Subdivision Actbuilding or part of a building on Subdivision Act

plans under section 32, 32AI or a subsequentplans under section 32, 32AI or a subsequent

stage plans under section 37 must be consistentstage plans under section 37 must be consistent

with the building boundaries on the previouslywith the building boundaries on the previously

registered plan.registered plan.

Amending Existing Plans


Road abuttalsRoad abuttals

Introducing Road abuttals on Introducing Road abuttals on PlansPlans

• If a road abuttal is a public highway (Noted on our historical Base Records) or

• Subject Road is encumbered by rights of way, in favour of land in the plan or

• Council provide a letter advising that the abuttal to ........................... Street shown on Plan of Subdivision PS.................. is a Road within the meaning of the Road Management Act 2004Note: - Just stating the Road is on the Roads Register is not sufficient or

• A copy of the Government Gazette proclaiming the Road as a Public highway under Section 204(1) Local Government Act 1989 or Section 587(3)(b) Local Government Act 1958 or

Road abuttals maybe introduced where the following apply

Introducing Road Introducing Road AbuttalsAbuttals

• Roads created in Subdivision Act Plans which vest in council or

• Vic Roads declares that a road is an "Arterial Road” (previously known as state highways, main roads etc.) under Section 14 (1) Road Management Act 2004 by notice or Government Gazette - See also Schedule 5 Item 1(2) Road Management Act 2004 or

• Where a Road is owned by Council and council certifies a plan of subdivision showing the subject road as an abuttal



• Evidence is provided that the Road is a Government Road and therefore the status is deemed to be a Public Highway.

• When introducing a Government Road as an abuttal on Plans, where they are not known to title, the surveyor must make reference to the introduction of the abuttal in the Surveyors Report.



EXAMPLE – Introducing Govt Road as an abuttal


Title plans which are the subject of a proposed Plan of Subdivision - showing an abuttal of Crown Allotment 405

to the south.



Lands Department Survey OP53202 which alienated subject Land Crown Allotment 405 and Government road.

The signature of the Surveyor General is one form of Evidence that the Road identified within OP53202 is a Government Road



Crown Grant which was generate from OP53202.The Crown Grant is further evidence that the subject Road is a Government Road

Amending Existing Plans


Registered Plan of Subdivision which shows the Road abuttal.

Removing the need for “Plan Affects” notation on folio

Section 35Section 35 – Change of – Change of PracticePractice

Following consultation / advertisement of a memorandum to all interested parties – Land Victoria (Plan Acceptance) will no longer accept Section 35 Plans without all relevant documentation.

Plans by Agreement

• These plans cannot be lodged without a transfer and duplicate folio.

• If plans are lodged with both the transfer and duplicate folio – there will be no need for a “Plan Affects” notation on the Folio.

Proposed New Practice

Section 35Section 35 – Change of – Change of PracticePractice

Plans by Compulsory acquisition

These plans will not be accepted at lodgement without the gazettal.

Note: Duplicate folio will be accepted at lodgement.

Where duplicate folio is not supplied: -• The duplicate folio will be requested - when

unable to deal with balance land

If plans are lodged with the gazettal and the above steps are followed there will be no need for the “Plan Affects” recording on the folio

Removing the need for “Plan Affects” notation on folioProposed New Practice

Building Envelopes

Restrictive CovenantsRestrictive Covenants

Increased number of Building Envelopes within Plans of SubdivisionLand Victoria’s concerns :

The potential for plans of subdivision to be rejected as they may not meet the Registrar’s standards for clarity and presentation;

Unnecessarily large (number of pages) plans of subdivision containing building envelopes, that have in fact ceased to apply, due to sunset clauses within the restriction;

continued searching of said plans and associated costsavoiding cluttering the plan with restrictions that are very difficult to remove; and

ensuring customers are not confused by building envelopes that have ceased to apply.

Building Envelopes – Other options


• Creating Building Envelopes• Building Envelopes may be created in a number of ways –

included in a relevant planning scheme

• (Land Victoria’s preference)• placed in a 173 agreement and recorded against the folio: or• linked to a Plan of Subdivision through the Restriction

It is not uncommon for the amount of sheets depicting building envelopes to be greater than the number of sheets defining parcel boundaries. Undesirable, as over time only sheets defining boundaries have form and effect .

It is Land Victoria’s preference that building envelopes should expire as soon as possible after the land is built on. As part of the periodical review required of the Subdivision (Procedures) Regulations 2000, a provision will be included to require building envelopes to have a precise expiry date.

Building Envelopes


If linking to the plan then –

– Attach the building envelope to the plan instrument (application) of the plan of subdivision

– number the sheets for the building envelope separately to the plan numbering (i.e.. commencing as 1 of total number)

– include a location notation and an expiry date within the restriction on the plan

– example of location notation; – For building envelopes see instrument PS777777W/S3– example of expiry notation; – Envelope expires upon earlier of either

• A date specified by council being seven years or less from the date of planning approval

• 7 years after the date of registration of this plan ; or• If earlier than 7 years, the granting of a certificate of occupancy

– Land Victoria preference is for a specified date to be nominated

…as shown on sheets 1 & 2 attached to Instrument PS629856F

THE ENDTHE END

QUESTIONSQUESTIONS

land victoria kevin bond subdivision branch proposed changes subdivision (procedure) regulations...

Documents

boundaries median

slide slide

boundaries internal

building boundary

boundaries exterior

cp1 median

location of boundaries

cp1 interior face