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                                                                                                                         57
              P B                                                                                               WESTERN AUSTRALIAN
                                                                                                              PLANNING COMMISSION


                                                                                                                ISSN 1324-9142
          PLANNING BULLETIN • WESTERN AUSTRALIA                                                                    May 2003



     Closure of                                   Commission to properly consider
                                                  proposals. DOLA guidelines setting
                                                                                             (iv) The role of the PAW as part of
                                                                                                  the wider pedestrian/cycle
  Pedestrian Access                               out their specific requirements have             network or continuous access

  Ways - Planning                                 been prepared.                                  routes, as reflected in any local
                                                                                                  access plan or in any local
   Considerations                            2. Procedures to be Followed
                                                                                                  planning strategy.

                                                by Local Government in                       (v) The incidences of crime and
                                                Progressing                                      social difficulties being
1. Introduction
                                                                                                 experienced by the adjoining
   Pedestrian Access Ways (PAWs) have        2.1 Preparation of Report on                        landowners.
   in the past been created as part of the       Proposed Closure
                                                 The local government (LG) has the           (vi) The views of the adjoining
   subdivision of land under S. 20A of
                                                 initial responsibility to determine              landowners in relation to the
   the Town Planning and Development
                                                 whether an application to close a                PAW closure and a general
   Act 1928 (TPD Act) as an alternative
                                                 PAW should be progressed by                      commitment to purchase
   means of access between gazetted
                                                 undertaking an assessment which                  (applications will not proceed
   streets and for servicing. Many of
                                                 should address the following:                    unless the land can be sold or
   those created in the past are narrow
                                                                                                  reserved).
   and have poor surveillance. PAWs are
   a part of subdivision design that is           (i) The impact of closure of the PAW       (vii)Alternatives to PAW closure
   now considered incompatible with                   on local pedestrian/cycle                   including:
   best practice and Liveable                         connectivity, that is, the
                                                                                                 •     temporary closure, where
   Neighbourhoods.                                    additional distance required to be
                                                                                                       practical
                                                      travelled to get from origin to
   There are ongoing requests for the                 destination after closure, as well         •     improvements to safety
   closure of PAWs on security and                    as the impact on traffic and                      and security e.g. lighting,
   amenity grounds. However PAWs                      activity on remaining PAWs.                      active graffiti removal
   provide access to essential services;                                                               where funding is available
                                                  (ii) The impact of closure of the PAW
   and provide pedestrian and cycle                    on safe access to neighbourhood           •     the use of gates to restrict
   access both within neighbourhoods                   and district facilities, including:             access at night
   and to local and district facilities
                                                      •     schools and other                    •     the consideration of longer
   including public transport, schools,
                                                            educational facilities                     term redevelopment
   shops, parks and community
   facilities. In considering closure                                                                  opportunities such as the
                                                      •     shopping
   requests a balance needs to be found                                                                redesign of adjacent lots to
                                                      •     parks and recreation                       essential PAWs and their
   between resident access to facilities
                                                            facilities                                 upcoding conditional on
   and public transport, and concerns
   regarding security and amenity.                    •     community facilities                       widening of PAWs to
                                                                                                       laneways and new frontage
                                                      •     employment                                 development (an example is
   Guidelines for closure of PAWs have
                                                      •     public transport services,                 provided at Appendix 2).
   been developed by the Department of
   Land Administration (DOLA) in the                        including bus stops and          This assessment should be
   past. However, under the provisions                      train stations                   documented in a report (Appendix 1)
   of S. 20(2) of the TPD Act, the Western            •     aged person and disabled         which should include a walkability
   Australian Planning Commission (the                      facilities.                      or "ped-shed" analysis, notionally for
   Commission) is required to approve                                                        all affected areas within 400m of
   the amalgamation of any closed PAW             (iii) The length of alternative routes     neighbourhood facilities (listed
   into the adjoining lots.                             and their safety, surveillance,      above) and bus stops, and for all
                                                        amenity, useability, gradient and    affected areas within 800m of a town
                                                        convenience of use, especially for   centre, rail station, arterial bus route,
   This Planning Bulletin has been
                                                        the young, disabled and elderly.     high/technical school and district
   prepared to set out the issues
   associated with PAW closure and the                                                       open space.
   process to be followed to enable the

                                                                   1
2.2 Public and Agency Comment                           •     the planning of the locality     2.5 Updating the Closure Report
    Public comments should be sought on                       in the context of relevant           Where the LG has resolved to proceed
    the proposed closure by:                                  Commission policies.                 with the closure, the report prepared
                                                                                                   for public comment should be
                                                    DPI will endeavour to provide
    (i) The placement of an                                                                        updated and amplified to include the
                                                    comment within 60 days of the
        advertisement in a community                                                               following:
                                                    receipt of the LG closure report.
        newspaper and informing
        residents and businesses within                                                            (i) details of the consultation process
                                                    Where DPI does not support PAW
        the affected area as indicated by
                                                    closure the planning and policy                (ii) summary of the content of public
        the ‘ped-shed’ analysis by mail.
                                                    reasons for this position will be                   submissions and agency
    (ii) The placement of signs at each             provided in the response to the LG.                 comments, and comments on
         end of the PAW - stating that                                                                  them
         closure is being considered, that          Where DPI does not support PAW                 (iii) copies of letters from the
         the closure report outlining issues        closure the LG may request that the                  adjoining landowners concerning
         relating to closure is available for       Commission be asked to reconsider                    the land sharing arrangement
         public inspection during the               the DPI decision.
         advertising period and that                                                               (iv) copies of all letters from service
         submissions should be made to                                                                  agencies
                                                2.4 Local Government Resolution to
         Council by a specified date.
                                                    Proceed                                        (v) sketch showing the proposed land
    (iii) Sending a copy of the report to           The LG should formally resolve                     disposition
          affected public authorities (such         whether or not to proceed with the
                                                                                                   (vi) confirmation that the LG has
          as Department of Education and            closure having regard to:
                                                                                                        resolved to recommend PAW
          Disability Services Commission)
                                                                                                        closure.
          and community groups                      (i) the impacts of closure and the
          requesting comment on:                        alternatives as outlined in the        2.6 Submission of Closure Report to
                                                        closure report                             DOLA
        •     the planning considerations
                                                                                                   The updated report should be
              regarding closure                     (ii) the advice received from                  submitted to DOLA to arrange survey
        •     public utility agencies                    government agencies                       and valuation, and for the preparation
              requirements with regard              (iii) the comments received from the           of Commission Forms 1A and 1C
              to service relocation and                   public                                   (application for Commission approval
              easements                                                                            of plan of amalgamation; and
                                                    (iv) relevant transport, planning and
                                                                                                   application for Commission
        •     any concerns where closure                 disabilities policy considerations,
                                                                                                   endorsement of deposited plan).
              will affect access to                      in particular the need to give
              education, recreational or                 special consideration to maintain
              community facilities.                      pedestrian links:                     3. The Role of DOLA
2.3 Submission to the Department for                    •     within 800m of a town            3.1 Preliminary Assessment
    Planning and Infrastructure                               centre, railway station,
    A full copy of the closure report,                        arterial bus route,                  Prior to forwarding a formal
    amended to include an assessment of                       high/technical school,               application to the Commission,
    the public and agency comments                            district open space                  DOLA will generally provide a
    received, should be provided to the                                                            preliminary assessment to:
                                                        •     within 400m of shops, parks,
    Department for Planning and
                                                              schools, bus stops,                  (i) ensure the closure request process
    Infrastructure (DPI) requesting
                                                              community facilities and                  has been complied with
    comment.
                                                              aged persons and disabled
                                                                                                   (ii) provide the purchase price upfront
                                                              facilities
    DPI will review the LG closure report                                                                as requested by the LG (both the
    on the proposed PAW closure and                     •     where the PAW forms a                      conditional, up-front price, and
    provide comment on the merit of                           strategic element of an LG’s               later final price)
    closure in terms of the following:                        pedestrian and cycle
                                                              network plan as                      (iii) assess all service agency
                                                              incorporated in the local                  comments, including comments
        •     the extent to which those
                                                              planning strategy or                       on easements and relocation costs,
              matters identified in
                                                              adopted policy; or in the                  and ensure any outstanding
              Appendix 1 have been
                                                              absence of such a                          comments are obtained
              addressed
                                                              strategy/policy, a PAW               (iv) determine between conflicting
        •     the considerations set out in                   determined by DPI to be                   views and seek further
              section 5.2(i) to (xi) below                    part of a strategic network.              clarification, or agree to or refuse
                                                                                                        the request.


                                                                     2
3.2 DOLA's Administrative Actions              4.2   DOLA will be responsible for                     (vi)   The need for the portions of the
                                                     preparation and lodgement with the                      PAW to be amalgamated with
      (i) DOLA will request details of               Commission of a Form 1C for the                         adjoining lots to result in lots of
          the easements required from                plan of amalgamation, signed by                         an acceptable size and shape.
          the service agencies. Where a              DOLA. As part of this process, a
          public utility reserve is the only         clearance letter will be required from           (vii) Satisfactory land management
          method for closure, DOLA will              each service agency that conditions                    arrangements being made to
          require the LG or the relevant             have been met.                                         reserve or vest the PAW, or
          service agency to accept a                                                                        portions of the PAW, in an
          management order. The                4.3   Where proposals to close PAWs were                     appropriate agency for public
          responsible LG or service                  progressed prior to 1 June 2002 (by                    utility purposes.
          agency can then make                       the submission of the proposal to the
          arrangements for fencing in the            Commission or the payment of                     (viii) Evidence that arrangements
          PAW with locked gates to                   monies or agreement to pay specified                     have been made to protect or
          prevent community access.                  costs to DOLA by abutting                               relocate any public services
                                                     landowners) DOLA will submit a                          located within the PAW.
      (ii) If easements are required,                “Letter of Intent” in lieu of Forms 1A
           DOLA will advise landowners               and 1C.                                          (ix)   Evidence that concerns of
           that service agencies have the                                                                    property owners and residents
           power under their legislation to    5. Commission Consideration                                   in respect of crime and social
           access and maintain services           of PAW Closure Requests                                    difficulties emanating from the
           and the landowner is prevented                                                                    PAW have been evaluated.
                                               5.1 The Commission considers that PAWs
           from building or placing any
                                                   are frequently integral to the design of           (x)    Evidence that any objections to
           development over the
                                                   a residential subdivision. Closure may                    closure by property owners and
           easement.
                                                   result in foreclosing future options                      residents served by the PAW
      (iii) DOLA will ensure that                  and the development of residential                        have been satisfactorily
            adjoining owners are in                areas less friendly to the pedestrian                     addressed.
            agreement to the proposed              and less environmental robust. While
            amalgamation of the PAW into           it is recognised that some PAWs are a              (xi)   Evidence that the relevant LG
            their property. Where necessary        cause of community concern their                          has formally resolved to
            DOLA will liaise with adjoining        closure should only proceed with                          recommend closure.
            owners regarding costs and             great care.
            agreement to purchase. As a                                                           5.3 Where the Commission is not
            general principle each adjoining   5.2 The Commission will refer Form 1A                  prepared to approve a proposed
            landowner should have an               applications for PAW closure to                    amalgamation to enable PAW closure
            equal share of the land in a           affected public authorities as required            to proceed, a copy of the report
            closed PAW. This principle             under S. 24 TPD Act. Following the                 outlining the reasons for not
            does not apply where services          formal referrals the Commission in                 supporting closure will be made
            requiring easements dictate            determining such applications will                 available to the LG.
            unequal land allocations for           have regard to:
            good planning reasons.
                                                                                                  6. Finalisation of Closure
                                                     (i)     The need to provide equity of           Process
      (iv) DOLA will arrange the offer                       access for all the community
           and acceptance.                                   particularly with regard to              Following Commission endorsement
                                                             disability and age.                      of the Diagram of Survey DOLA will:
      (v) DOLA will arrange for the
          preparation of survey and                  (ii)    Evidence that relevant transport         (i) arrange consent of mortgagees to
          graphic.                                           and planning considerations                  adjoining properties in relation to
                                                             have been taken into account.                services easements
4. Submission of Application
   to Commission                                     (iii)   The extent to which any                  (ii) arrange strata company’s
                                                             concerns raised by relevant                   agreement (Form 13), where
4.1   DOLA will arrange the preparation
                                                             government agencies have been                 appropriate
      and lodgement with the
                                                             properly considered and
      Commission of a Form 1A for the                                                                 (iii) close and dispose of the
                                                             accommodated.
      proposed amalgamation (signed by                                                                      pedestrian accessway
      DOLA as the landowner), together               (iv)    Evidence that alternatives have          (iv) arrange survey and preparation
      with the associated fees. DOLA                         been investigated and are either              of graphic, for incorporation of
      will submit with the form a copy of                    inappropriate or impractical.                 the section of the PAW in a new
      the closure report and a copy of
                                                                                                           certificate of title under S. 87 of
      DPI’s response to the LGs original             (v)     Evidence that consultation with
                                                                                                           the Land Administration Act 1997.
      submission, disposition sketch, and                    those likely to be affected by the
      relevant service agencies’ reference                   closure has been adequately
      numbers.                                               undertaken.


                                                                       3
   A diagrammatic summary of the
   process for the progressing of PAW
   closures is summarised at Appendix
   3.


7. Further Information and
   Comment
   Further information regarding the
   matters set out in this Planning
   Bulletin should be directed to:

       The Director
       Policy and Legislation
       Department for Planning and
       Infrastructure
       469 Wellington Street
       PERTH WA 6000

   Please quote file reference 402/1/1/6
   in all correspondence.




              WEBSITE
  As part of its continuing
  improvements to its service to
  clients and the public, the
  Western Australian Planning
  Commission has a website at the
  following address:
  http://www.planning.wa.gov.au

  The site contains a range of
  information concerning the
  Commission, including Planning
  Bulletins.
                                                APPENDIX 1

EXAMPLE OF CLOSURE REPORT – This should also include details of the other matters listed under 2.1 e.g.
    access to facilities, alternatives considered, and the views of those adjoining.



REQUEST FOR PAW CLOSURE
    PAW LOCATION (REFER ATTACHED PLAN)
       Between Smith Street and Jones Road, Placeville.


    LOCAL CONNECTIVITY
       Additional walking distance from one end of PAW to the other once closed:
        375m using other PAWs
        450m using the street system
        Will divert pedestrian cycle traffic predominantly to PAWs rather than street system.


    QUALITY OF ALTERNATIVE ROUTES
      Shortest alternative access also through PAWs with poor surveillance, especially along Walters Park boundary
      where there is poor lighting.
        No footpath on west side of Brown Boulevard.
        Brown Boulevard route involves steep uphill section heading north.


    IMPACT OF CLOSURE ON ALTERNATIVE ROUTES
       Closure will increase use of two PAWs in Smith Street to access Walters Park


    ACCESS TO FACILITIES
       Walters Park (local park) within 400m of PAW
        No. of houses within 400m walkable access if PAW open: 142
        No. of houses within 400m walkable access if PAW closed: 83
        % reduction in access: 41%


    RELATIONSHIP TO STRATEGIC CYCLE/PEDESTRIAN NETWORK
       Strategic cycle network on Brown Boulevard
        PAW shown in pedestrian network plan within local planning strategy as a local route as it serves a local park.


    SOCIAL DIFFICULTIES
       Statement attached from landowners regarding anti-social behaviour in PAW.
        Evidence regarding incidence of reported anti-social behaviour from Police data.


    IMPLEMENTATION OF ALTERNATIVE APPROACHES
       Installation of improved lighting over the past six months has not resulted in improvements. Investigation of
       future redevelopment of land adjacent revealed that redevelopment was not feasible due to large size and good
       condition of established properties.




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Lots within 400m (5 minute walk) of park
                                                                                                                                                              SCALE 1:5000

            Park                                                                                                                                  0     25    50         75   100   125   150

                                                                                                                                                                     Metres
            Pedestrian Access Way Open
            (142 lots)                                                                                                                            Produced by Project Mapping Section,
                                                                                                                                                  Geographic & Planning Information Branch,
            Pedestrian Access Way Closed                                                                                                          Ministry for Planning, Perth, W.A. August 1999
            (83 lots)
                                                                                                                                                  ntw-map17\ \urban_design\ \pedshed\ \kingsley.dgn
                                                                                                                                                  Cadastral Data supplied by Department of
            400m Radius Interval                                                                                                                  Land Administration, W.A.




                                                                                                     6
                     APPENDIX 2
     EXAMPLES OF REDEVELOPMENT OPTIONS FOR PAWS




1. BEFORE
     An alternative to PAW Closures




2. SUB-DIVISION
     An alternative to PAW Closures




3. AFTER
     An alternative to PAW Closures


                                7
                                          APPENDIX 3
   SUMMARISED APPROVAL PROCESS FOR THE CLOSURE OF PEDESTRIAN ACCESS WAYS (PAWs)


LG receives request to close PAW


LG agrees to initiate preparation of closure report


LG canvass views of adjoining landowners


LG considers alternatives to PAW closure


LG advertises proposed closure for public comment


LG provides closure report to public authorities for comment


LG revises closure report


LG provides amended closure report to DPI for comment


DPI provides comment to LG
                                                          If DPI does not support proposed closure
                                                          Council may request Commission to reconsider
                                                          DPI decision
LG considers resolution to proceed

                                                          LG resolves not to proceed with closure of PAW

LG further updates closure report


LG submits closure report to DOLA


DOLA assesses purchase arrangements


DOLA submits Form 1A to Commission to amalgamate land into adjoining lots.


Commission refers application to affected public authorities


Commission approves application to close PAW and advises DOLA


                                                                 Commission refuses application to close
                                                                 PAW and makes available a copy of the
Commission endorses Diagram of Survey                            report to the LG


DOLA arranges for closure and disposal of PAW



                                                      8