ISV Regional Conference – Horsham 2016 Land Victoria – LRS Plan Branch Update September 2016 Thank you to Gary White and the ISV for having us.

Introduction Subdivision Branch update Common issues with Plans of Subdivisions ePlan update Partial surveys Application Branch update Apologies to those who may have seen parts of this presentation previously

Subdivision Branch Status New Branch Manager appointed Lodgements 2015/2016: 9103 plans (up 8%) Lodgement to Registration - approx 17 days (Updated regularly on SPEAR homepage) Next SPEAR release in November- introduces Lodging Parties as a new user Plans refused - 40% Plans requisitioned - 70%

Common Issues in Plans of Subdivision

Common Issues in Plans of Subdivision Plan requisitions are at 70% Summary of the most common issues that hold up plans Not counting patent errors and SPEAR format issues Goal of new Regulations in 2011 was to gain clarity in plans Overall – since new regs in 2012ish plans are increasingly easier to interpret Last few years we have been reviewing how the regs are being used Also have our own tools ie Reg 5 allows us to remove superfluous information from plans - ‘Features’ such as visitor parking etc, any notation not related to title boundaries

Common Issues in Plans of Subdivision General Plan Presentation Easements Road Abuttals Building Subdivisions Cross Sections OC Setups (Multiples) Section 32 Plans Stage Plans Future Subdivisions Re-establishment Issues A lot of topics here could take up an hour on their own Will try to keep it high level, no particular order No actual example plans, just things to consider

1. General Plan Presentation Linework and Drafting Continuous lines only to be used for boundaries No “boxouts” or diagram borders Beware of arrows creating ‘parcels’ by crossing boundaries Feature lines with large ‘dash’ length on short lines need to be broken (>5mm) ‘Thick’ lines are only for building boundaries Fonts should be large, clear and standard Minimum 0.35 for dimensions, 0.5 for parcels, no smaller than 0.2 anywhere else Keep it clear is the theme Survey Practice Handbook Non standard Fonts are those such as Comic Sans, Times New Roman, Impact

1. General Plan Presentation Plan Clutter Try not to cram everything onto single pages All boundaries must be clear and defined Use enlargements, split diagrams between sheets to avoid clutter Group cross sections together Restrictions are always on their own sheet Plans are now PDFs so no real worry in extra sheet or two or ten

2. Easements Confirm the easement purpose is valid and in keeping with the “acceptable easement purpose” document online “Gas” or “Water” or “Access” or “Maintenance” not enough information Look for easements not fixed, or not identified clearly Be clear about the land to be benefited Lots of Patent Errors in Easement tables! ie don’t say “Land in the plan” when you only mean the Lots (roads, reserves..) Also Stage plans – lots in this plan means only that stage.

3. Road Abuttals If your plan shows a Road Abuttal that is not on title, it must be justified Supply the letter from council or give gazette reference Give the justification in your Surveyor’s report, don’t just identify that it is not known “But it’s built and on the map base” is not enough justification. It may have been the developer’s intention to deny access!

4. Building Subdivisions Building boundaries must be defined in two parts: Which lines? ie “thick continuous lines”, “thick continuous hatched lines” What is the boundary location? ie median, interior face, exterior face. Are there three separate boundary “Locations”? Use three separately identifiable lines to define those locations Keep it simple and consistent Large topic with many issues. Working on web examples/case studies to help with this topic ie specific problems rather than “draw your plan like this”

4. Building Subdivisions Don’t use different lines to represent the same boundary location ie “Exterior face shown marked ‘E’ and all other boundaries” Do not only use “ownership” of a structure to define a boundary location Eg “Boundaries defined by buildings are thick continuous lines and the walls are in Common Property No.1” Missing the Boundary Location! 1. Consistency! 2. See inclusion and exclusion statements

4. Building Subdivisions A Common Property “Exclusion” statement is required if a single common property is not shown in plan view “Eg Common Property No.1 is all the land in the plan except the Lots and Common Property No.2 .” Used for CP airspace or overhanging lots Only valid for one Common Property. Any other CP Parcels must be fully defined as if they were Lots Common Property “Inclusion” statements can be used to improve clarity where appropriate “Eg Common Property No.1 is all the land in the plan except the Lots and Common Property No.2 and includes the structures of walls floors and ceilings which define boundaries except those marked M.” 1. Also if structure is CP No.1 between two interior faces.

5. Cross Sections Once you have parcels above and below each other, make sure every parcel in the plan is defined in some way Yes, even the unlimited ones Stating ‘Typical’ is not enough. What is it typical for? You may need extra symbols where a section has multiple heights for part lots on that level Eg “Lot 1(pt) is typical for those part lots marked #” How many cross sections do I need? Start with cutting the Lift shaft! Especially if it is in CP No.2 etc. Make sure all other CP’s are covered just like the lots. In general, if you can make an assumption from the plan, then the plan should say it

6. Owners Corporation Setups Be aware of the Subdivision Act rules when creating multiple OC’s Ensure ownership and use of common property is valid Unlimited OC owns CP Limited OC uses CP As soon as a lot is in a Limited OC with CP it must be in the Unlimited OC that owns the CP. “Services” are not linked to entitlement and liability. You don’t need another OC with the same members In addition to no overlapping unlimited and no overlapping limited without an unlimited Sec 47 and 49 OC Act for services info.

7. Section 32 Plans Be sure to clearly define the “Purpose of the Plan” Each step must be set out in order, outlining exactly what the plan is doing Especially where subdividing with land not in the OC. The 32 must start with “To bring the land into the OC”

7. Section 32 Plans – 32AI?? Do I need unanimous resolution? Section 32AI must be read as “you need unanimous resolution unless you meet the criteria of 32AI” 32AI is not a stand-alone section. Where section 32AI gives no option that is in 32 (eg create a road), it means 32AI does not apply Not valid to “interpret” 32AI. Its intention is simple. Good example is selling off bit of back yard to neighbour(not in OC). OC had influence over that land, now it doesn’t Also, neighbour isn’t land affected by OC so can’t utilise the section

8. Stage Plans To subdivide a stage lot (ie S2), you must do a stage plan This is due to certification and SOC for the balance lot If a new plan must be started, finish off the previous staging process using a text only 37(8) plan first (especially in the case of a section 32) or as a purpose of the new plan Have a compiled plan ready to go to speed up registration Remember to consider compatibility with earlier stages Big topic, many problems to do with planning etc. Lately there has been an increase in 37(8)

8. Stage Plans Be aware stage plans have additional rules regarding multiple Owners Corporations Creating a new Common Property in Stage 2? Then you need a new OC. Especially if no CP exists in the first stage This sets up our next topic: Future Subdivisions

9. Future Subdivisions? When there is definitely going to be future development, think about options at the start If an OC is required in the first plan where there are balance S Lots and/or Super lots, make the OC Unlimited! Limited OC = Limited options in the future I’ll give an example of a large development but this problem also arises with 2 or 3 lot plans that require an OC before one of the lots can be subdivided.

Future Subdivisions – A Big Problem All Lots in a Limited To Common Property OC As soon as CP No.2 is created anywhere: Unanimous Resolution S2 S3 ROAD ROAD ROAD R1 CP No.1 Stage 1 created both balance Stage Lots and Super Lots Limited to Common Property OC created over whole of plan Any future plan whether Section 37 or Section 32 will need Unanimous Resolution of a separate CP is created!!! A STAGE 1 ROAD

10. Re-establishment issues Make sure there are at least three good marks from each survey Re-establish all abutting surveys First in the island? Go around the block. Show radiations and/or chainage and offsets to occupation, and show ages Make sure your report is comprehensive and complete, with the correct references Our goal in checking the survey is the effect on others in the area. More information makes this easier 3. When you’re first in the island, we need to see the effect of the adopted position on all parcels not just the subject land. Laying across the road from an alignment adopted by an RE with minimum located monuments? We need more beef!

Summary The common theme is: A Plan becomes a title diagram. Simplicity and clarity helps EVERYONE understand the plan. With less staff and expertise retiring, simpler and clearer plans means faster registration! Symptom of the industry – lots of pressure on both ends. May mean some plans get through with practices/errors before you are requisitioned. Main thing is you understand what the goal is.

Electronic plans of subdivision ePlan Electronic plans of subdivision

Agenda What is ePlan? ePlan Implementation Progress ePlan Engagement Program Update SMEC Case Study Results ePlan Visualisation Enhancement Tool ePlan Labels on LASSI

Digital Plan Examination What is ePlan? Validation Digital Lodgement Visualisation ePlan LandXML Analysis Automatic DCDB Update Digital Plan Examination

ePlan Implementation Progress SPEAR has been fully ePlan-enabled since May 2013 SPEAR validates the ePlan data and creates a PDF ePlan supports all 2D Subdivision Act dealings 65 ePlans submitted from 8 firms with 26 registered Since Jan 2016, on average one ePlan has been submitted to SPEAR every fortnight

Software Vendors Progress At present, there are 3 fully functional ePlan-enabled surveying software packages: LISCAD GeoCivil/ePSALON Stringer ePlan (a module for AutoCAD Civil3D, AutoCAD and BricsCAD) New vendors: 12d Solutions (12d Model) Topcon Positioning Systems (CivilCad)

ePlan Vision for 2016 and Beyond Vision: “To provide the infrastructure and services to enable the creation of ePlans” Improve the quality of ePlan Services Consult with the surveying industry in the development of the ePlan Services through the ePlan Engagement Program Assist software vendors in developing ePlan functionality Support all plan-based dealings (Subdivision Act, TLA, Crown, Local Government) in ePlan Collaborate with other jurisdictions through the National ePlan Working Group

ePlan Engagement Program Update Aims ePlan team visiting surveying firms to gain a better understanding of their business workflows and requirements Obtain feedback on the current and future development of the ePlan visualisation product and validation service Demonstrate to surveyors the ePlan workflows

ePlan Engagement Program Update Workshops: ePlan team will provide a case study investigation from data provided by the respective firms Next step: Continue engagement with surveying firms and to extend the engagement program to councils

SMEC ePlan Case Study Demo

SMEC ePlan Case Study PDF vs ePlan creation Computed Plan Computed Plan Preparation Data Preparation for Stage 5 Input Copy Stage 5 Data to a New Drawing File - Use the relevant plan template - Define sheets and scales - Add front sheet details - Add easements - Add road connections - Add Owners Corporation Details - Add Restriction details - Add enlargement diagrams Add Attributes to Computed Plan Duplicated drawing files Enriched Computed Plan as a single data source Draft the Plan of Subdivision in CAD Convert CAD file into ePlan Validate and Visualise ePlan Quality Assurance Amend Plan Amend Plan

ePlan Visualisation Enhancement Tool A new tool for surveyors to: adjust labels and arrows define sheets define exaggerations create enlargement diagrams Further functions will be considered in the development of the tool through consultation with the industry.

ePlan Visualisation Enhancement Tool - Demo

ePlan Labels on LASSI

ePlan on Map Base- Prototype

Partial Surveys

Partial Surveys Applicable only to subdivisions Useful when a surveyed lot(s) is only a small portion of the total land and the unsurveyed boundaries are inaccessible or irregular. Generally, only one 'balance' lot cannot be subject to survey

Partial Surveys All new boundaries of the lot(s) subject to survey must be shown on the abstract of field records Sufficient survey work is required to: establish an appropriate datum relevant alignments title boundaries in which the new boundaries intersect and a surround traverse

Partial Surveys A notation on the plan should clearly indicate which dimensions are based on survey Any misclose (either existing or introduced) must reside in the 'balance' lot If the folio has a “Warning as to dimensions” it will be carried forward on the 'balance' lot.

Application and Survey Branch An Update

Branch Update Lodgements Subdivisions Crown Land Registry TNT Dealings (32 days) Applications (84 days) Subdivisions Crown Land Registry Changes in processes Legislation review

Crown Land Register - Model Single Register with Crown Folios Built adopting part of the functionality from our existing freehold model. Record keeping to be based on an endorsement system, adopting modified principles from freehold functions. Simplified tracking of land transactions from freehold to Crown and vice versa. Dealing lodgement vs extracting information from gazettes and acts.

Crown Land Register - Benefits Greater transparency and accountable management of Crown land records Increased efficient and reliable Crown land information services More efficient property market Improved government reputation and accountability Single Register Current freehold platform functionality has been utilised to build

Crown Land Register - Challenges Legislation required to support dealing based system Culture change to drive and support system enhancements and changes to long standing practices Migration of existing information No legislative requirements underpins the Register at this time

Crown Land Register – Changes Crown Land Status Online (CLSO) database is static Follows freehold formatting Provides history in a more logical manner Capture other information through further enhancements. Introduction of diagram number for Crown folios ‘Crown Diagram’ CD000001L

Cancel Crown folio – Crown Grant Volume and Folio Reference Folio Type Land Description Parent folio ‘Allocated at Migration’ Created dealing Allocated at Migration’ Responsible Agency Status, Encumbrances etc Government Road If Reservations Ranking order adopted Licences, Leases, Diagram Location See plan Activity on folio Below the line Additional information Address (where known to Crown)

Freehold Crown Grant Parent folio Crown folio Vol 11754 Fol 148

Section 60 – Current Process Acceptability of application Acceptable for examination? All fundamental information supplied Deficient for examination? Identify reason(s) for immediate rejection / critical deficiencies and stop letter sent to lodging party. Application stopped. Check if requisitions are fully satisfied Yes? Application gets placed at back of queue. No? and 30 days lapsed? Application will be rejected. No extension will be granted unless cleared by Branch Manager

Section 60 – Current Process Critical deficiency requisitions include: Is the Proprietor protected under Limitations Actions Act 1958 (or VicRoads)? Application doesn’t meet non-survey guidelines Survey is out of Date – Over 2 years old 15 years Possession, including deeds of assignment, not supplied Council letter regarding Road status not supplied when applicable Stat Dec’s missing. Eg Applicant’s or Disinterested Witness’.

Transfer of Land Act 1958 - Review Recommendations to wider review group have been finalised. These include: Adopt model of 26P without restriction. Enable the forsaking of land. Minimise the creation of separately transferrable parcels. Prevent creation of future ‘orphan’ parcels Ensure sub-standard parcels are not created Better handle the extent of encumbrances. Improved guidelines for fixing easements. Use of Solicitor’s Certificate to support all applications. Streamline format of plans.

Thank you Contacts: subdivision.branch@delwp.vic.gov.au aps.branch@delwp.vic.gov.au spear.info@delwp.vic.gov.au Crown Land Register – Brett Greenland aps.crown@delwp.vic.gov.au