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To establish criteria for Council’s consideration of requests for the disposal or

retention of laneways in the City of Brimbank.

From time to time Council receives requests to transfer ownership of laneways to

adjoining owners. Occasionally there are also requests to retain these assets.

There is a need for agreed criteria and policy against which to assess requests to

avoid the public ownership of unused and insecure laneways.

Laneways (these are roads designated on a plan of subdivision registered at the

Land Titles Office).

Discontinuance means the removal of the status as a road / public highway.

Council policy with respect to the disposal and retention of laneways is that it will apply a

consistent approach to applications received for discontinuance based on the following

principles -

The purchaser of a laneway will be charged market value for the land and

administrative and legal costs associated with the transaction. Market valuation will

be determined by Council’s appointed valuer.

Where practicable, half-width of the laneway will be offered to adjoining owners. If

an adjoining owner indicates that he / she does not wish to acquire the relevant half

–width, the whole width will be offered to the other adjoining owner/s.

Laneways that confer a demonstrable benefit to the community will be retained.

Assessment of community benefit will be based on an understanding of the

function which the laneway performs following the conduct of internal and external

consultation.

Laneways that fail to meet the criteria set out in this policy where a request for

disposal has been received will be disposed of subject to agreement being reached

with adjoining owner/s to accept title and to Council’s conditions of transfer.

It is Council Policy that the need for laneways will be assessed in accordance with the

following criteria:

Clearly provide access to open space, schools, private land, shops or

other services; and/or

Form part of a pedestrian or cycle path network; and/or

Provide land for provision of surface drainage or underground services;

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CP – 7 Disposal or Retention of Laneways

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Be considered for disposal if it is unsafe to use or is a security problem

for neighbouring properties;

Be regarded as useful if it is used by vehicles, pedestrians or cyclists

and there is no reasonable or safe alternative, or if it serves some other

useful function associated with the provision of:

Recreation

Drainage

A location for underground services

Amenity preservation

Preservation of natural features, flora and fauna

Access for emergency and/or maintenance vehicles

Access to future development areas

Access for abutting property owners;

Not be discontinued if it leaves any other part of the laneway isolated,

inaccessible or unusable unless circumstances are deemed compelling

to allow this to occur.

Before any proposal to discontinue and dispose of a laneway will be considered,

the proponent must confirm in writing:

That no other abutting owner of land requires access to the laneway to

be disposed of; and

That owners of land abutting the laneway to be disposed of are aware

that Council policy is to sell laneways to adjoining owners where

practicable on a half-width basis and at market value plus legal and

administrative costs. Where this is not practicable, Council may sell the

full width of the laneway to an adjoining owner; and

That all the abutting owners are in agreement with the discontinuance

and disposal of the laneway.

A proponent must pay an amount of $990.00 (non-refundable) to initiate a

proposal. These funds are used to engage Council’s consultant to undertake a

preliminary investigation into feasibility of the proposal.

If the proposal is successful, the initial payment becomes part of the overall fees

incurred.

If the proposal is not recommended for approval by Council’s consultant after the

conduct of the preliminary investigation, the proposal may not proceed.

Council may require each abutting land owner taking title to the discontinued

laneway to consolidate this land with their adjoining land at their cost.

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CP – 7 Disposal or Retention of Laneways

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Where the need for laneways is being assessed as the result of a request, a public

consultation process will be conducted (together with an internal referral to Council

Departments) to assist Council with its decision making process. Statutory

procedures may subsequently be undertaken. Consultation will include at least:

Giving written notice to adjoining and nearby land owners;

Referral to Council Departments;

Placing a notice in a local newspaper; and

Considering all submissions received as a result of the notification.

Council will assess the future need for any laneway for which a request

has been received on the basis of each of the criteria detailed in

Section 4.0 of this policy and submissions received as a result of

notification as well as comments from utility providers.

Unless there is an overriding consideration, laneways that are not

required for the purposes detailed in Section 4.0 will be considered for

disposal upon a request being received and payment for the

preliminary investigation being made by an applicant.

It is Council policy that the proceeds from the sale of laneways will be applied to the

General Fund.

QAP.PRO.012

30/03/2006

Reviewed

30/11/2009

Reviewed

30/03/2011

A

17/01/2011

Annual Review /

New Format

17/01/2012

B

25/02/2012

Annual Review 25/02/2015

B

3/07/2013

Annual Review 25/02/2015

B

27/05/2015

Annual Review

25/02/2016