327A   Temporary roads in subdivisions

(1)  In this section, the expressions isolated road and temporary road have the meanings respectively ascribed thereto in section 276B.

(2)  Notwithstanding any other provision of this Act, where a subdivision of land involves the opening of a road (in this subsection referred to as a planned road) and that road, when provided in conformity with the requirements of an environmental planning instrument or of a council imposed under the Environmental Planning and Assessment Act 1979:

(a)  will be an isolated road, the plan of that subdivision shall not be approved by the council, or

(b)  will give direct access only to an isolated road, approval of that plan of subdivision may be refused by the council,

      unless the plan also provides for the opening of a public road as a temporary road, to give access to the planned road.

(3)  A temporary road shall comprise one or more lots in the subdivision of the land in which the temporary road is to be provided.

(4)  Nothing in this section prevents the creation on the registration of a plan of subdivision in accordance with section 88B of the Conveyancing Act 1919, of an easement or restriction as to user in respect of a lot or lots comprised in a temporary road.

(5)  Any covenant that immediately before the opening of a public road as a temporary road applied to any lot comprised in the temporary road and any restriction as to user referred to in subsection (4) in respect of any such lot shall until the temporary road is closed be suspended in its operation in respect of that lot.

(6)  The provisions of:

(a)  Divisions 3, 9, 10, 11 and 15 of Part 9,

(b)  where the lot or lots comprised in the temporary road is or are not under the provisions of the Real Property Act 1900, subsection (1) of section 232, in so far as they entitle the council to be registered as the proprietor of a road under the provisions of that Act,

(c)  paragraph (c) of subsection (3) of section 232,

(d)  subsections (4) and (5) of section 233 and section 243,

(e)  section 519B, and

(f)  any Act, ordinance or regulation relating to the placing of permanent marks,

      shall not apply to a public road that is a temporary road.