Ordinary Meeting of Council 15 November 2017
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4.2 PROPOSED PERMANENT ROAD CLOSURE - PORTION LORD STREET, BENNETT SPRINGS
Ward: (Altone Ward) (Asset Management) Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Operations)
KEY ISSUES
• An Application for Public Road closure has been received from Complex Land Solutions Pty Ltd on behalf of Mirvac WA Pty Ltd (the applicant), for the closure of approximately 1488m2 portion of Lord Street, Bennett Springs.
• The applicant's land (Lot 900) abuts the subject portion of road and the applicant has sought the closure of the portion of road as it is no longer required for road widening purposes.
• The proposed road closure has been advertised in accordance with section 58 of the Land Administration Act 1997. At the close of the submission period eight submissions were received. One objection was received which was subsequently changed to no objection.
• No Service Authority infrastructure is affected by the closure.
It is recommended that the Council support the road closure in accordance with section 58 of the Land Administration Act 1997 subject to the applicant meeting all costs associated with the road closure.
BACKGROUND
An Application for Public Road closure has been received from Complex Land Solutions Pty Ltd on behalf of Mirvac WA Pty Ltd, the adjoining landowners/developers, (the applicant) for the closure of approximately 1488m2 portion of Lord Street, Bennett Springs.
The applicant owns Lot 900 which abuts the subject portion of road and is seeking the partial road closure as the subject portion of road is no longer required for road widening purposes.
Ordinary Meeting of Council 15 November 2017
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DETAILS
In accordance with section 58 of the Land Administration Act 1997 the proposal was advertised in a newspaper circulating throughout the district for a period of not less than 35 days with the submission period ending August 22, 2017. Advice of the proposal was also sent to the City's internal Business Units, Service Authorities and relevant agencies and a notice was placed within all City of Swan libraries and on the City's Administration Building notice board.
While eight submissions were received, these submissions were from seven organisations as Main Roads WA provided two submissions. A summary of all submissions is attached. One objection was received from Main Roads WA which was subsequently changed to no objection.
Main Roads WA originally stated it could not support the proposal at present as the design for the upgrade of Lord Street to a dual carriageway was currently at 15% design stage. The 15% design did not impact the proposed area however, the future works may have been required for additional space during construction. Main Roads WA further stated it was prepared to review its position when the design work reached 85% of completion.
Following the 85% completion for the design of the Lord Street upgrade, Main Roads WA confirmed the land was not required, withdrawing its objection to the proposal.
No Service Authority infrastructure is affected by the closure.
Local Roads, although under the care and control of the local government, are owned by the State of WA. Should the closure be approved by Council, the matter is then referred to the Department of Planning, Lands and Heritage - Lands Division, who will, if agreed, arrange disposal and amalgamation with the adjoining owners land, in accordance with section 87 of the Land Administration Act 1997, ensuring all conditions such as service authority asset relocation requirements are met.
CONSULTATION
Advertising in accordance with section 58 of the Land Administration Act 1997 and its regulations, has been undertaken. Eight submissions were received including one objection. The one objection was subsequently changed to no objection. Therefore, there are no objections to the proposal.
ATTACHMENTS
Plan showing subject area Summary of submissions
STRATEGIC IMPLICATIONS
NilOrdinary Meeting of Council 15 November 2017
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STATUTORY IMPLICATIONS
Permanent Road Closures are governed by section 58 of the Land Administration Act 1997 and its regulations.
FINANCIAL IMPLICATIONS
Nil. All costs will be borne by the Applicant
VOTING REQUIREMENTS
Simple majorityRECOMMENDATION
That the Council resolve to:1) Support the partial closure of approximately 1488m2 portion of Lord Street, Bennett Springs in accordance with section 58 of the Land Administration Act 1997 for its merger with the applicant’s adjoining land, subject to the applicant meeting all costs associated with the road closure and purchase of the land from the State;
2) Request the Department of Planning, Lands and Heritage to consider and grant the request for closure of the subject portions of road in accordance with the provisions of Section 58 and 87 of the Land Administration Act 1997 ; and
3) Advise the Applicant and all submitters accordingly.
CARRIED
DISCLAIMER: Information shown here on is a composite of information from various different data sources. Users are warned that the information is provided by the City of Swan in this format as a general resource on the understanding that it is not suitable as a basis for decision making without verification with the original source.
Closure of Portion of Lord Street, Bennett Springs
(Abutting Lot 900)
3/07/2017 1:1016
SUMMARY OF SUBMISSIONS
PROPOSED CLOSURE – PORTION OF LORD STREET, BENNETT SPRINGS (ABUTTING LOT 900)
No. Submitter Comment
1 Public Transport Authority No objections.
2 Department of Fire &
Emergency Services
No issues or feedback.
3 Nextgen Networks No objection. No assets in area.
4 Department of Biodiversity, Conservation and Attractions
No comments.
5 Department of Communities No comments.
6 Main Roads WA No objection. Land no longer required for the Lord Street upgrade. (Original objection overturned as detailed in report to Council).
7 Department of Planning, Lands and Heritage
No objection.
