Docstoc

Road Closure Application

Document Sample
Road Closure Application Powered By Docstoc
					                                 APPLICANT'S INFORMATION CHECK SHEET
                                                                        Postal Address: Locked Bag 155 Coffs Harbour NSW 2450
                                                 Phone (02) 6648 4000; Fax (02) 66484 199; Email: coffs.council@chcc.nsw.gov.au
                                                                                                    DX 7559; ABN 79 126 214 487
                                                                                 Administration Building: 2 Castle St Coffs Harbour


APPLICANT’S NAME: ...................................................................               OFFICE USE ONLY

                                                                                                    FILE NO:
APPLICANT’S ADDRESS:
                                                                                                    FEE:
HOUSE NO: .............. STREET: ...........................................
                                                                                                    JOB NO: 1-40930-000-1335
SUBURB: ................................................... P/CODE: ...........
                                                                                                    RECEIPT NO:

PHONE NO: ..............................................                                            DATE:



THIS INFORMATION CHECK SHEET IS TO BE COMPLETED FOR COUNCIL’S RECORDS BY ALL
APPLICANTS FOR ROAD CLOSURES AND TO BE LODGED WITH EVERY ROAD CLOSURE
APPLICATION.
                                                                                                    YES     NO       N/A

1.          ALL INFORMATION ON PAGE 2 OF THIS ROAD CLOSURE FORM BEING                                              
            COMPLETED

2.          SITE PLAN/SKETCH COMPLETED SHOWING RELEVANT INFORMATION                                                
            DRAWN AT OR REDUCED TO A4 SIZE (PAGE 3 OF THIS FORM)

3.          PAYMENT OF PRELIMINARY INVESTIGATION FEE (COUNCIL FEE ONLY                                             
            AND NOT REFUNDABLE - SEE PAGE 4 OF THIS FORM)

4.          AGREEMENT OF ADJOINING OWNERS (EVIDENCE IN WRITING                                                     
            IS REQUIRED)

5.          DEPARTMENT OF LANDS CROWN ROAD CLOSURE APPLICATION                                                     
            FORM IS REQUIRED IF A CROWN ROAD

6.          AGREEMENT OF PUBLIC AUTHORITIES (PLEASE ATTACH WRITTEN
            CONSENT)
            A.          COUNTRY ENERGY                                                                             
            B.          RTA                                                                                        
            C.          TELSTRA/OPTUS                                                                              
            D.          OTHER AFFECTED AUTHORITIES                                                                 


APPLICANT’S SIGNATURE: ........................................................

DATE: ...........................................................................................



This information is being voluntarily collected to process your application. Your information would comprise part of a public
register related to this purpose. The information will be kept by Council and will be disposed of in accordance with the Local
Government Disposal Authority. You are entitled to review your personal information at any time by contacting this Council.
                                          APPLICATION TO PROCEED WITH THE
                                      CLOSURE OF A PUBLIC ROAD UNDER SECTION 34
                                                   ROADS ACT 1993


PARTICULARS OF LAND HELD BY APPLICANT

HOUSE NO: ............. STREET: .....................................................................................................

TOWN/SUBURB: ............................................................................................P/CODE: ................

PORTION/LOT NO: .......................... SECTION: ........................... DP/SP NO: ............................

PARISH (Rural Only): ...............................................

DETAILS OF PROPOSED ROAD TO BE CLOSED

NAME AND LOCATION OF ROAD TO BE CLOSED .....................................................................

..........................................................................................................................................................

..........................................................................................................................................................

DESCRIPTION OF THE PHYSICAL NATURE OF THE SECTION OF ROAD TO BE CLOSED ..

..........................................................................................................................................................

..........................................................................................................................................................

PURPOSE OR REASON FOR CLOSURE/INTENDED USE .........................................................

..........................................................................................................................................................

STATUS OF ROAD (COUNCIL OR CROWN ROAD IF KNOWN) .................................................

AGREEMENT BY ADJOINING OWNERS

OWNER’S NAME(S): .........................................................

ADDRESS: .........................................................................                      .................................................
                                                                                                        SIGNATURE
LOT: ................. DP/SP .......................................


OWNER’S NAME(S): .........................................................

ADDRESS: .........................................................................                      .................................................
                                                                                                        SIGNATURE
LOT: ................. DP/SP .......................................


OWNER’S NAME(S): .........................................................

ADDRESS: .........................................................................                      .................................................
                                                                                                        SIGNATURE
LOT: ................. DP/SP .......................................


OWNER’S NAME(S): .........................................................

ADDRESS: .........................................................................                      .................................................
                                                                                                        SIGNATURE
LOT: ................. DP/SP .......................................
PLAN SHOWING SECTION OF ROAD TO BE CLOSED




SCALE:


The site plan shall include:

a)      the location of adjoining properties;
b)      the location, boundary dimensions, site area and north point of the land;
c)      the existing public utilities on the land;
d)      the location and uses of any buildings or structures encroaching on the land;
        and
e)      the location and uses of buildings on sites adjoining the land;
f)      a survey plan should be provided where available.
                                        ROAD CLOSURE ADVICE SHEET

PUBLIC ROADS MAY BE CONSIDERED FOR CLOSURE UNDER THE ROADS ACT 1993

The process for closing and disposal of a road varies according to its status and whether or not it has been constructed.
It should be noted that a closure could take up to 12 months and that substantial costs are involved .

CROWN ROAD (See Annexure A)

    Any person may apply for the closure of a Crown road. Application will need to be made to the Department of
    Lands. Council must grant approval (Resolution of Council) for a Road Closure before it can be accepted by
    Department of Lands.

    You will be required to:

        Complete Department of Lands application form and lodge this together with a fee and diagram to Department
         of Lands.

        Agreement of adjoining owner(s) will be required. Evidence is required in writing and must clearly indicate area
         referred to.

        Obtain agreements from any affected Public Authorities as to relocation of public utilities or creation of
         easements.

        Enter into a legal agreement with Council relating to such matters as creation of easements and consolidation
         of lots. All costs in relation to such agreements will be borne by the applicant.

     If your application is approved you will then be required to:

        Supply Survey Plan.

        Pay all costs in processing application .

        Pay compensation (market value) to Department of Lands (Assessment made by Valuer General).

        Pay all costs of transferring land.

COUNCIL ROAD (See Annexure B)

     Only Council may apply to the Department of Lands for closure of a Council road. Applications will need to be
     made to Council on the attached form, together with the required information.

        Payment of preliminary Investigation fee to Council (currently $325 inclusive of GST) - (Non-refundable).

     If your application is approved, Council will apply to the Department of Lands to close the road on your behalf. The
     closure will be subject to you entering into a satisfactory agreement with Council to pay all costs, compensation
     and undertake to comply with all conditions imposed.

INDICATIVE COSTS

Below is a guide of approximate costs you could expect to pay for a minor Council or Crown road closure. Fees will vary
substantially depending on the size and complexity of the closure.

   Council (Preliminary Investigation Fee - Non-refundble)                   $325.00      (inclusive of GST)
   Department of Lands -        Council Road                                 $767.20
                                - Crown Road                                $1,100.00
   Costs associated with preparation of Deed of Agreement                    $500.00
   Survey (Plan)                                                           $1,500.00
   Valuations - as quoted - minimum                                          $350.00      (inclusive of GST)
   Solicitor Costs - minimum                                                 $500.00
   Statutory Authorities (eg Telstra)    - Creation of Easement               At Cost
                                          - Relocation of Services             At Cost
   Land Titles Office (fees) - minimum                                       $637.00
   Compensation to Council/Crown at                                    $ Market Value
                                                                                    ANNEXURE A


            ROAD CLOSURE PROCEDURE
              ROADS ACT 1993 - CROWN ROAD


                       Initial Enquiry




                  Check Status of Road




  Private                                                  Crown




 No further                                  Individual to lodge application to
  Council                                    Dept of Lands
involvement                                  * Fee payable
                                             * Diagram to be supplied




                                             Application referred to Council




                                              Use and Construction details




                                                  Engineer’s Comments
                                                    Planning Comments
                                               Parks & Recreation Comments




                                                Public Utility Requirements




                                                     Report to Council




                                                Dept of Lands advised of
                                                   Council Decision




                                         Dept of Lands – * Advertise process
                                                         * Undertake consultation
                                                         * Check legislation etc
                                                                                                           ANNEXURE B


                       ROAD CLOSURE PROCEDURE
                      ROADS ACT 1993 - COUNCIL ROAD - FORMED


                                               Initial Enquiry


                       Application to Council on Council Road Closure Form
                       + Preliminary Investigation Fee
                       + Consent of adjoining owners
                       +Consent of Public Authorities



                                               Check Status of Road
                                                                                     If Road has never been formed or
                                                                                     constructed, Council is unlikely to
      Private                                                                        consent to closure
                                                        Council

    No further                            Use and Construction Details
Council Involvement
                                                Engineer’s Comments
                                                 Planning Comments                       Valuation at Applicant’s Cost
                                                  Park’s Comments

                                             Public Utility Requirements

                                    Letter with Recommendations to Applicant
                                     and agreement to compensation amount

                                                  Report to Council


                                                                                                No further
                                                  Yes                 No                    Council Involvement



                                        Letter to Applicant setting out        Deed of Agreement if considered
                                                  conditions.                            necessary


                                         Council to apply to Dept of
                                         Lands to close road. Dept of
                                            Lands processing fee

                                         Dept of Lands - Check Titles,
                                              Public Authorities,
                                              Adjoining Owners


                                          Dept of Lands - Advertise                      Council to comment
                                        Proposal in local newspaper for                  on any objections
                                             objections (28 days)
                                                                                           Agreements with
                                                                                           Public Authorities
                                     Survey Plan Provided by Applicant

                                        Council to lodge & register
                                        Survey Plan with LPI - Fee


                                           Gazettal by Dept of Lands


                                                Vest in Council as
                                                Operational Land


                                          Title in Fee Simple to Council


                                        Council free to dispose of Land at
                                        agreed Compensation
                                                                                           ANNEXURE C


              ROAD CLOSURE PROCEDURE
       ROADS ACT 1993 - COUNCIL ROAD - UNFORMED


                                      Initial Enquiry


              Application to Council on Council Road Closure Form
              + Preliminary Investigation Fee
              + Consent of adjoining owners
              +Consent of Public Authorities



                                         Check Status


    Private
                                              Public


                                 Use and Construction Details
    No further
Council Involvement
                                      Engineer’s Comments
                                       Planning Comments
                                      Surveyor’s Comments

                                   Public Utility Requirements

                           Letter with Recommendations to Applicant

                                        Report to Council



                                        Yes               No              No further
                                                                      Council Involvement

                              Letter to Applicant setting out
                                        conditions.


                                Council to apply to Dept of
                               Lands to close road. Dept of
                                  Lands processing fee


                               Dept of Lands- Check Titles,
                                   Public Authorities,
                                    Adjoining Owners

                               Dept of Lands - Advertise              Council to resolve
                             Proposal in local newspaper for           any objections
                                  objections (28 days)
                                                                      Agreements with
                                                                      Public Authorities
                                       Survey Plan

                            Council to lodge & register
                            Survey Plan with LPI - Fee


                                 Gazettal by Dept of Lands

                                      Vest in Crown

                              Title automatically issued to
                                         Crown


                                 End of Council Matter

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:5
posted:9/22/2011
language:English
pages:7