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RIGHT OF WAY UPGRADE
If you are interested in upgrading a private Right of Way (ROW) adjacent to your property you can initiate the proposal via a written request to Council which shall include the following details:
• a copy of certificate of title of the subject land
• consent of the owner of the ROW or forebear or evidence that every reasonable attempt has been made to contact same
• reasons for seeking upgrade of the ROW
• evidence that a minimum 50% of adjoining owners support the initiation of dedication and upgrading, and
• a statutory declaration from a minimum of two members of the public formally declaring they have had uninterrupted access over the subject land for a minimum of ten years.
CLOSURE OF RIGHT OF WAYS AND PEDESTRIAN ACCESS WAYS
In some circumstances, justifiable grounds may exist for the closure of private ROWs or PAWs. Closure shall be initiated by a written request lodged by an adjoining owner or other interested party which shall include the following details:
• a copy of the certificate of title of the subject land
• acknowledgement that all costs associated with the closure shall be borne by adjoining owners
• consent of the owner of the ROW or forebear or evidence that every reasonable attempt has been made to contact same
• agreement from 100% of all adjoining owners
• a sketch plan of the closure including any applicable easements and proposed allocation of the ROW/PAW
• reasons for seeking closure of the ROW/PAW, and
• in principle agreement from all adjoining owners that the land comprising the ROW/PAW will be amalgamated into adjoining properties.
The process for upgrading/dedicating or closing a ROW is lengthy and cannot be guaranteed (links to flowcharts below). Dedication is subject to agreement from utility authorities, Department of Planning & Infrastructure and Council’s own Physical Services department. 75% of all adjacent owners must agree to the application of a special area rate before Council will consider upgrading/dedication of a ROW.
Process for Upgrade/dedication of a ROW
Process for Closing a ROW
When assessing closure of a Pedestrian Access Way special consideration regarding its relationship to the pedestrian network and neighbouring facilities will be taken into account. Council will generally not support closure where local residents have indicated they actively use PAWs.
For further information please refer to D.A.15 Policy and Procedures for the Dedication, Upgrade or Closure of Right of Way which sets out the process for dedicating and closing private ROWs as well as the closure of PAWs.
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