05 April 2017
Report no: PRC2017/2/113
Proposed Road Stopping and Sale of Legal Road on the corner of Knights Road and Birch Street Waterloo
Purpose of Report
1. The purpose of this report is to consider a proposal to stop a small portion of legal road adjacent to the property on the corner of Knights Road and Birch Street (227 Knights Road) and sell to the owner of that property.
It is recommended that the Council:
(i) notes that the owner of 227 Knights Road is interested in acquiring a small area of legal road of approximately 35m2 which is situated between the legal boundary and existing fence as shown in Appendix 1;
(ii) notes that the Road and Traffic Division see no need to retain this area of legal road for roading purposes now or in the future;
(iii) agrees to stop the portion of legal road adjoining 227 Knights Road as depicted on the aerial photograph attached as Appendix 1; and
(iv) agrees to sell the stopped road to the owner of 227 Knights Road, noting that the owner has agreed to meet all costs associated with the road stopping process and subsequent boundary adjustment, as well as the assessed market value of the land.
2. In 2015 Council sold at auction the property at 227 Knights Road which was determined to be surplus to requirements. The property had been formerly used as a recycling drop off point but was no longer required for that purpose.
3. The new owner of the property has approached Council seeking to acquire a small area of land of approximately 35 square metres that is between the legal boundary and the existing fence. The fence was erected in its current position by Council, mostly within the road reserve, in order to give trucks servicing the recycling depot more room to manoeuvre. This happened about five years ago after a fire damaged the previous fence.
4. The aerial plan attached to this report shows the subject area.
5. The Road and Traffic Division has advised that there is no need to retain the land inside the existing fence for roading purposes. Stopping the road and effecting a boundary adjustment to conform to the alignment of the existing fence is a pragmatic solution which in effect will have no negative impact on Council.
6. The proposal will provide Council with a small one-off payment for the land and a minor increase in rates revenue.
7. Council could agree to proceed with the proposed road stopping or reject the proposal.
8. Council would be required to carry out consultation on the proposal if the road stopping is carried out under the process set out in the Tenth Schedule of the Local Government Act 1974. If it is determined that the road can be stopped under the Public Works Act 1981, there will be no requirement to consult.
9. There are two road stopping mechanisms available to Council. The first is to use the provisions of section 116 of the Public Works Act 1991 and the second is by way of section 116 of the Tenth Schedule of the Local Government Act 1974.
10. The Public Works Act option is non-notified and less timely and costly. It requires the Minister of Lands approval. This option is able to be used where it can be shown that “adequate road access to land adjoining the road is left or provided” for the adjoining owner and the adjoining owner agrees.
11. As the adjoining owner is the applicant and there are no other adjoining owners, it is likely that the Public Works Act mechanism will be able to be used.
12. All costs relating to the stopping of the road and subsequent boundary adjustment, including legal and surveying costs, will be met by the applicant.
13. The applicant is prepared to meet the assessed market value of the land.
14. In making this recommendation, officers have given careful consideration to the purpose of local government in section 10 of the Local Government Act 2002. Officers believe that this recommendation falls within the purpose of the local government in that it is consideration of the future of a local roading asset, within a prescribed statutory process.
Road Stopping Plan - Knights Road
Author: Bruce Hodgins
Divisional Manager, Parks and Gardens
Approved By: Bruce Sherlock
General Manager, City Infrastructure