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Land Victoria. Kevin Bond Subdivision Branch. Proposed changes Subdivision (Procedure) Regulations 2000. Disclaimer

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Land victoria l.jpg

Land Victoria

Kevin Bond

Subdivision Branch

Proposed changes

Subdivision (Procedure) Regulations 2000

Disclaimer

The content of this Land Victoria presentation is provided for information purposes only. No claim is made as to the accuracy of its content. Under no circumstances will Land Victoria, its agents or employees be liable for the accuracy of the information contained in this presentation nor for the use or reliance placed on it. The information is provided on the basis that all persons accessing the presentation undertake responsibility for assessing the relevance and accuracy of its content. Land Victoria does not endorse any of the other information contained elsewhere in this website.

Copyright

Apart from fair dealing for the purposes of private study, research, criticism or review as permitted under the Copyright Act 1968, no part of this presentation may be reproduced, copied, transmitted in any form or by any means (electronic, mechanical or graphic) without the prior written permission of the State of Victoria. All requests and enquiries should be directed to Land Victoria.


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Subdivision Procedure Regs

Review of Subdivision Procedure Regs

What we have aimed at-

Consistency in interpretation/understanding

Consistency in representation

Example 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


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Median Example

3 possible medians:

Floor Level

1)

Slab (building structure)

Median is in airspace

Air space

Suspended Ceiling

2 Medians for 1 bdy

Floor Level

Median of Slab

2)

Slab (building structure)

½ Slab & airspace in Common Property

Air space

Median of Suspended Ceiling

Suspended Ceiling

LV preference!

Floor Level (elevated)

3)

Mid point between faces of

building Structure (i.e. Slab)

Slab (building structure)

Suspended Ceiling


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Subdivision Procedure Regs

Use of Buildings to define Boundaries

Any building or part of a building that defines a

boundary must be identifiable from the plan

Exceptions

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.


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Subdivision Procedure Regs

Use of Buildings to define Boundaries – Internal Face

A 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 buildingboundary defined as:

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.

See Example Next slides


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PLAN – Horizontal Boundary

CP1

CP1

Door

X’

1

X

Window

1

Interior

Face

X’

X

Interior

Face

2

Actual Horizontal Boundaries

Ground Storey

Subdivision Procedure Regs

Use of Buildings to define Boundaries – Internal Face


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Cross Section Boundaries

3

Window

3

1st Storey

Interior Face

1st Storey

Interior Face

Slab

CP1

Wall

CP1

Suspended Ceiling

Window

Interior Face

Ground Storey

Interior Face

1

Ground Storey

Wall

1

Slab

Common Property 1

Foundations

Cross section X – X’

(Not to Scale)

Actual Vertical Boundaries

Subdivision Procedure Regs

Use of Buildings to define Boundaries – Internal Face


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Subdivision Procedure Regs

Use of Buildings to define Boundaries - Median

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:

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

Elevated floor

(A) upper face of building structure

Building structure (ie. Slab)

Median = Midpoint between (A) and (B)

(B) underside of building structure

Suspended ceiling

See further example next slides


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PLAN – Horizontal Boundary

CP1

CP1

Door

1

X’

Window

X

X’

Median

X

1

Median

Actual Horizontal Boundaries

2

Ground Storey

Subdivision Procedure Regs

Use of Buildings to define Boundaries – Median


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Cross Section Boundaries

3

Window

1st Storey

3

Median

Median

1st Storey

Slab

CP1

Wall

Suspended Ceiling

CP1

1

Ground Storey

Ground Storey

Median

1

Door

Median

Slab

Common Property 1

CP1

Foundations

Cross section X – X’

(Not to Scale)

Actual Vertical Boundaries

Subdivision Procedure Regs

Use of Buildings to define Boundaries – Median


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Subdivision Procedure Regs

Use of Buildings to define Boundaries – Exterior face

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

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

See Example Next slide


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Plan Boundaries

Roof

Door

External Face

Guttering

Eaves

Window

External Face

Window

X’

2

1

X

External Face

Actual Horizontal Boundaries

Foundations

Actual Vertical Boundaries

Subdivision Procedure Regs

Use of Buildings to define Boundaries – External Face


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Subdivision Procedure Regs

Use of Buildings to define 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 –


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Subdivision Procedure Regs

Example of requirednotations when using Interior face

Location of boundaries defined by buildings-

Interior Face: All boundaries

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

or

Common 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 boundaries

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 …..) may not have been shown on the diagrams contained herein.


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Subdivision Procedure Regs

Use of Buildings to define Boundaries

  • 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)


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Subdivision Procedure Regs

Use of Buildings to define Boundaries

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

Diagram & Text examples provided in later slides.


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Subdivision Procedure Regs

Method of showing boundaries on a plan

Changes to Building Boundary default

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 line

b) 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.


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Subdivision Procedure Regs

Method of showing boundaries on a plan

  • 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.


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Subdivision Procedure RegsMethod 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.


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Subdivision Procedure Regs

Example - if not adoptingdefault location of boundaries

Location of boundaries defined by buildings-

Interior Face: all boundaries

Basement 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).

Default Position

Otherwise Specified

Otherwise Specified


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Subdivision Procedure Regs

Use of Cross Sections

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.


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Subdivision Procedure Regs

Use of Cross Sections

Proposed addition

Unless defined by dimensions a cross section should indicate the extent of relevant parcels

by identifying the specific features of a building that defines a boundary.


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Subdivision Procedure Regs

Example of specific features defining boundaries

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

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

Common Property 1

Underside of suspended ceiling

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

First Storey

Common Property 1

Upper surface of elevated floor Structure

Common Property 1

Underside of suspended ceiling

Lots 1 to 9 (B.I.) (See diagram 3)

Ground Storey

Upper surface of elevated floor Structure

Common Property 1

General Section X - X‘(Not to Scale)


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Subdivision Procedure Regs

Example of specific features defining boundaries

Underside of suspended ceiling

Upper face of elevated floor Structure

Common Property 1

Underside of suspended ceiling

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

First Storey

Common Property 1

Upper surface of elevated floor Structure

Common Property 1

Underside of suspended Ceiling

Lots 1 to 9 (B.I.) (See diagram 3)

Ground Storey

Upper surface of elevated floor Structure

Common Property 1

General Section X - X‘(Not to Scale)


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Subdivision Procedure Regs

Vinculums & Cross Sections

No Vinculums will be required in cross sections !

Projections thick broken lines

Common Property

No. 1

Deledio Drive

1

(Topmost Storey)

Site Boundary

2

(Ground Storey)

Site

Level

Cross Section X – X (Not to Scale)


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Subdivision Procedure Regs

Amending Existing Plans

The method of showing boundaries defined by a

building or part of a building on Subdivision Act

plans under section 32, 32AI or a subsequent

stage plans under section 37 must be consistent

with the building boundaries on the previously

registered plan.



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Introducing Road Abuttals

Road abuttals maybe introduced where the following apply

  • 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


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Introducing Road Abuttals

Road abuttals maybe introduced where the following apply

  • 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 2004or

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


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Introducing Road Abuttals

Road abuttals maybe introduced where the following apply

  • 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.


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Introducing Road Abuttals

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.


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Introducing Road Abuttals

EXAMPLE – Introducing Govt Road as an abuttal

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


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Introducing Road Abuttals

EXAMPLE – Introducing Govt Road as an abuttal

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


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Introducing Road Abuttals

Amending Existing Plans

Registered Plan of Subdivision which shows the Road abuttal.


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Section 35 – Change of Practice

Removing the need for “Plan Affects” notation on folio

Proposed New Practice

  • 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.


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Section 35 – Change of Practice

Removing the need for “Plan Affects” notation on folio

Proposed New Practice

  • 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


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Restrictive Covenants

Building Envelopes

  • Increased number ofBuilding Envelopes within

  • Plans of Subdivision

  • Land 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 costs

    • avoiding 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.


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Restrictive Covenants

Building Envelopes – Other options

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 .

  • 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 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.


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Restrictive Covenants

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




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THE END

QUESTIONS


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