Council has authority under the Roads Act 1993, Division 3, Section 38A to formally close a Council public road. The land on closure ceases to be public road and becomes freehold land.
Landowners who directly adjoin an unformed road reserves can submit an application to Council for consideration to formally close the road reserve and purchase the land.
Applications do not guarantee closure of the unformed road reserve as each road is assessed individually and other factors identified throughout the investigation may prevent the road being closed.
Closure of an unformed road reserve can only be assessed as it progresses through stages.
Applicants must complete the online application for Stage one in order for Council to commence the initial investigation.
Applications must include payment for the prescribed fee (FC0584), per road reserve. Stage one of the process may take up to four months.
If accepted for further investigation and progression, a second payment (FC0585), per road reserve, is required to commence Stage two. This stage of the process may take up to six months.
A further report will be issued to the applicant, advising of Council’s determination.
Success! The unformed road has been approved by Council for formal closure and sale.
Applicants are required to pay the final application fee for Stage three (FC0586) to formally close the unformed road reserve. This payment includes internal and legal consultation, and contractor engagement. Additional costs may apply. This stage of the process may take up to six months.