Private right of way upgrade - followed by the dedication as a public road
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 the owner. Probate searches are required for evidence should an owner not be found.
- Reasons for seeking upgrade of the ROW
- Evidence that a minimum 50% of adjoining owners support the initiation of firstly the upgrading, followed by the dedication of the ROW as a public road. It should be noted that 75% of all adjacent owners must agree to the application of a special area rate before Council will consider upgrading/dedication of a ROW
- 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. This step is in preparation for the closure of the ROW pursuant of Section 56(1)(c) of the Land Administration Act 1997("Act") followed by the dedication of the ROW as a public road via Section 87 of the Land Administration Act 1997. The act requires that the road must be upgraded to the satisfaction of the local government prior to the dedication of the ROW as a public road.
Dedication is subject to agreement from utility authorities, Department of Planning and the City of Fremantle planning services business unit. 75% of all adjacent owners must agree to the application of a special area rate before council will consider upgrading, then dedication of a ROW.
Closure of private right of ways – for the purpose of amalgamation with adjoining properties
In some circumstances, justifiable grounds may exist for the closure of private right of ways (ROW's) for the purpose of amalgamating the land with adjoining properties. The closure shall be initiated by an application to the City and lodged by an adjoining owner or other interested party who will liaise with the City throughout the closure and amalgamation process. Land administration form (2.2) includes details regarding the closure process. Please note an application fee will apply.
The process for upgrading/dedicating or closing a private ROW is lengthy and cannot be guaranteed. The following information sheets provide you with an overview of the process:
Closure of pedestrian access ways – for the purpose of amalgamation with adjoining properties
When assessing the closure of a pedestrian access way (PAW), special consideration regarding the subject PAW's relationship to the pedestrian network and neighbouring facilities will be taken into account. The City will use the Western Australian Planning Commission (WAPC) procedure for closing pedestrian access ways (option B) as the process to follow in the case of a proposed PAW closure. Council will generally not support the closure where local residents have indicated they actively use the PAW.
Closure of a portion(s) of public road – for the purpose of amalgamation with an adjoining property/s
The permanent closure of a portion of a public road usually relates to an applicant requesting the purchase of a portion of road reserve fronting their property. The closure shall be initiated by an application to the City using the land administration form (1.2). The application form includes details regarding the closure process.
Refer to Council Policy and Procedures for the Dedication Upgrade or Closure of ROWS and procedures for the dedication, upgrade or closure of rights of way.