BYRON SHIRE COUNCIL

                                                                                                                            13.14 - Attachment 19

 

Questions raised by the site inspection

Road Reserve at end of Durrumbul Road, Durrumbul Road and access to 802 Main Arm Road

 

Who proposed and initiated the part Road Reserve Closure in question?

Council received a few complaints by residents concerned with compliance issues from Lot 6 DP 775447.  An inspection was completed by Council’s Community Enforcement Officer on 8 September 2015, who found the complaints to be substantiated. Due to no formalised address for the property which Council is bound under the Local Government Act 1993 Sect 124 Orders, the process of allocation of a formal address was started.  It was also noticed that a road reserve was being used as an access point to the property and this road reserve resided in the middle of an existing parcel of land being Lot A DP 389649, so Council approached the adjoining land owners to see if there was any interest in closing and purchasing the road reserve.

 

What is the process for road closure that has been followed?

Council has followed all required actions that Crown Lands stipulate prior to any lodgement of Council road closing application to NSW Department of Primary Industries – Lands.  Council is also bound by the ROADS ACT 1993 - SECT 34 Applications for closing of public road and ROADS ACT 1993 - SECT 35 Publication of proposal to close public road. 

 

What was the process for the Address allocation to Lot 6 DP775447 and why did it occur?

Time Line of Events that led to property number change of Lot 6 DP 775447 Durrumbul Road to 802 Main Arm Road given by Council’s Land Information Officer.

-      Inspection carried out 8/9/15 and ascertained that no formal address was associated with Lot 6 DP 775447.

-      •    26/8/15 – request received from Council’s Development Support and Administration Officer for street number for the property 6/775447.

-      •    Authority had the road name for this property as Durrumbul Road so I based my numbering initially on Durrumbul Road.

-      •    Street numbering for properties in rural areas is based on the distance along the road in metres divided by 10. At that time, basing the access road as Durrumbul Road, I estimated a street number of 130.

-      •    27/8/15 – letter sent to property owner advising property had been allocated a street address of 130 Durrumbul Road.

-      •    23/10/15 – received an email from a local resident raising concerns about the number of 6/775447 to 130 Durrumbul Road.

-      •    I did some further research in TRIM and found documents relating to a request for the closure of Durrumbul Road (western end).

-      •    It appears this matter was referred to Council’s Traffic and Transport Planner at the time for consideration by the Local Traffic Committee.

-      •    29/10/15 – forwarded the above correspondence to Council’s Traffic and Transport Planner at the time requesting advice as to the outcome, ie whether the road was to be closed.

-      •    5/11/15 – followed up with email to Council’s Traffic and Transport Planner at the time (as I had received further phone calls from a local resident in the meantime). I received no response from Council’s Traffic and Transport Planner at the time.

-      •    Given the evidence provided of flood prone causeways along Durrumbul Road; that access to 6/775447 was available via Main Arm Road and that it would appear preferable the primary access be via Main Arm Road (especially for reliable access for emergency services), I subsequently wrote to the property owner on 6/11/15 proposing a change of address to 802 Main Arm Road and providing 28 days’ notice.

-      •    The number 802 was considered suitable based on the rural numbering method. I rely on aerial photography, as well as existing street numbers, in calculating the distance based addressing. I do not normally undertake site inspections.

-      •    No objection was received from the property owner (within the 28 days’ notice provided) to the address of 802 Main Arm Road.

-      •    4/12/15 – a further letter was sent to the property owner confirming change of address to 802 Main Arm Road.

 

 

 

 

Did Council give authority for a local resident to carry out maintenance of Durrumbul Road?

Council acknowledges that Durrumbul Road is a public Road Reserve where Council is the roads authority, in accordance with Part 1 Section 7 of the Roads Act 1993.  Council however, does not have this road segment in its asset register and therefore it is not maintained.  It is the position of Council that the advice a Council employee gave verbally to a local resident, allowing works to be carried out on the road reserve in question, was wrongly given.  This advice was given on the basis that the road reserve in question was like an extended driveway for this resident.  A letter was written to the property owner by Council’s Community Enforcement Officer on 14 September 2016 revoking all verbal approvals to undertake works within the road reserve.   

 

What is Council’s Policy for Driveways and access necessary to rural properties?

Council follows the Northern Rivers Local Government Handbook for Driveway Access to Property which stipulates all urban and rural standards.  (Attachments 21 E2016/96172 & 22 E2016/96184)  Council is also bound by the ROADS ACT 1993 - SECT 138 Works and structures.

 

Councillors commented on site about what approval had been given to a house and where the building envelope was on the property?  Also what access point was given on any Development Application?

There is no current or past development application associated with Lot 6 DP775447.  There are past/historical Council subdivision papers which do state that the original sub division was passed with access to Lot 6 DP 775447 being off Main Arm Road.