Application for Laneway Closure and Amalgamation

Background

This application form initiates the process to close a laneway and amalgamate the land into adjoining properties.

Most laneways within the City of Vincent are privately owned, either by the City or individuals. Laneways were generally created many years ago to provide alternative access to adjoining lots and to facilitate sanitary collections from the rear of properties. At this point the laneways were included on the Certificate of Title of an adjoining landowner. As time has passed, these laneways have not been passed on with sales of property and are still in ownership of the original owner of the land at the time. Commonly, this landowner is now deceased, and the laneway would be owned by their beneficiaries, often without their knowledge.

Laneways may be closed and obtained by the adjacent landowners and amalgamated into their property. Prior to initiating the closure procedure however, it is essential that the City determine that the adjoining owners are in support of the closure.

Laneways can be public or privately-owned. The first step in this process is to find out who owns the laneway. The process for closing a laneway or acquiring one as Crown land, differs depending on who owns the land. 

If a laneway is privately-owned by an individual this process involves acquiring the laneway as Crown land while requesting the Minister sell the land to adjoining landowners for amalgamation. This process is pursuant to section 52 and 87 of the Land Administration Act 1997.

If a laneway is already Crown land owned by the State of Western Australia, the City can request the Minister for Lands close the road and sell the land to adjoining landowners for amalgamation. This process is pursuant to section 58 and 87 of the Land Administration Act 1997.

If a laneway is City-owned, the process involves the City selling the land to adjoining landowners and amalgamating the land through the Western Australian Planning Commission (WAPC). This process is pursuant to section 3.58 of the Local Government Act 1995.

To find out the ownership of a laneway in the City, email [email protected] attention Lands Management Officer, or call 9273 6000. The City will not be able to disclose the name of an individual, however we can let you know if it is privately owned.

Application for Laneway Closure or Acquisition as Crown Land

Application for Laneway Closure or Acquisition as Crown Land

Road Details

Road Details

Laneway Ownership
If you selected 'privately owned by an individual',

If you selected 'privately owned by an individual', please read the below information.

To close and amalgamate a laneway that is privately owned by an individual, the land needs to first be acquired by the State of Western Australia as Crown land. The process of acquiring a privately owned laneway as Crown land requires the City to provide notice to the owner of the laneway or beneficiary, owners and occupiers of the abutting properties, and all suppliers of public utility to the land. The City will request feedback from the community and consider any objections received. 

In accordance with section 52 of the Land Administration Act 1997 the City can request the Minister for Lands to acquire privately owned laneways and suggest amalgamation with adjoining lots. Once acquired as Crown land, DPLH consider the proposal, obtain valuations, negotiate with prospective purchasers, and forward a recommendation to the Minister for Lands. The unallocated Crown land is then sold by DPLH subject to their internal processes, in accordance with Section 87 of the Land Administration Act 1997.

The City must first determine if the owner or any beneficiaries are still alive in order to notify them of the acquisition. The first step you should take is purchasing the Certificate of Title from Landgate. This will give you the owner's name and allow you to submit a Probate Search with the Supreme Court or State Records to try and find the owner or beneficiary. If the Certificate of Title shows multiple owners, a Probate Search must be requested for all owners. A Certificate of Title and a Probate Search must be obtained by the applicant and attached below if requesting closure and amalgamation of a privately owned lanewayIf the Probate Search found no results, please attach proof of this.


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Max File Size: 10.00 MB
Allowed File Types: .avi, .doc, .docx, .gif, .jpeg, .jpg, .mov, .mp3, .mp4, .mpeg, .mpg, .pdf, .png, .ppt, .pptx, .xls, .xlsx
Fee

A non-refundable application fee of $200 is required. Upon receipt of this application form, we will be in touch with details about how to make payment.

Please note that upon approval of Council, the City requests the Minister for Lands to close and amalgamate laneways. Decisions of Council or the Minister can not be guaranteed


 
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