The following information relates to defining an existing boundary depicted on a diagram on transfer, including when it may be defined on a boundary marking survey, and its use in the case of a unit development.
A boundary point created on a diagram on transfer may be defined by survey, defined by adoption, or accepted according to the Rules in the same manner as other boundary points.
Where there is conflict (eg the diagram information is ambiguous or one of the parcels cannot be defined without affecting the other), the parcel boundary must be defined by survey [r 6.2(a)(vi)] and marked [r 7.1(b)].
A boundary position defined on a diagram on transfer may be reinstated, but cannot be treated as a boundary reinstatement survey because the boundary point has not been defined in an approved CSD [r 2]. This requirement applies even if the diagram in the transfer indicates that the position has been marked.
This means that the survey must include a minimum of three or four witness marks [r 7.3.2(c)] and two PRMs [r 7.4.1(a)] and be a full survey.
The survey must be recorded in a ‘full’ CSD that records all the marks connected to by the survey and all the necessary information proving that the boundary point is correctly located. In Landonline the survey purpose is Boundary Marking - Full CSD (conflict).
A unit development is permitted where a boundary of the underlying parcel has been defined in a diagram on transfer providing:
- the accuracy between any new permanent structure boundary points and underlying parcel boundary points comply with the accuracy specified in rule 3.5 wherever the boundaries are within 1 m for class A and 3 m for class B [r 3.5(c)]. Refer to accuracy of permanent structure boundaries close to another boundary.
- the accuracy between any new right-line boundary points and underlying parcel boundary points comply with the accuracies specified in rule 3.3.1.
Where the location of the diagram on transfer boundary is not recorded in a CSD, the survey report could include supporting information (eg a calculation sheet) illustrating how the boundary was defined in relation to other boundaries and how the accuracy tolerances were met [r 8.2(a)(ix)].
Where the specified accuracies are not able to be met, the underlying parcel boundaries must be defined by survey [r 6.2(a)(vi)].