Road closures and sales

You may need to make a request to buy part of a Council road or road reserve when:

  • Subdividing land.
  • A road is being realigned.
  • Using an old paper road.
  • If your land encroaches onto Council land.

The information below outlines the process and costs involved in purchasing Council roads and road reserves.

How to apply and process

Step 1.Before you start

You must have ready...

  • A Plan of Proposed Road Closure. This is a diagram of the exact area of Council Road Reserve in meters squared (m2). It will be used for valuations. The plan may not need to be provided by a surveyor. A survey plan will be required later.
  • Property information
  • Identification and Consent - Rates Assessment Number (if owner) or owner's written consent.
  • Credit card details to make payment.

Step 2.Application and initial investigation

Make an application

Pay the $300 fee.

We will carry out an initial investigation of the road to determine if it is viable.

Step 3.Detailed investigation and fee

If the road is suitable for closure, then a detailed investigation is carried out. The process includes:

  • historical data searches
  • road status reports
  • coordinating quotes. 

Advertising and submissions

  1. The proposal is advertised in the local newspaper and a letter sent to adjoining landowners.
  2. All notifiable authorities are informed.
  3. There is a 28-day submission period for feedback.
  4.  Objections from submissions are assessed and objections are negotiated.

The fee for detailed investigation and advertising is $1,750.

If there is a formal objection, the road may not be closed until the objection is:

  • withdrawn by the authority  
  • set aside by the Land and Environment Court.

All submissions are included in the Council report to assess the road closure and sale.

Step 4.Council Report & Meeting

Council will consider all submissions and decide on the proposed road closure.

You will be notified informing you of the outcome.

Step 5.Contractors engaged

  1. A surveyor prepares plans and associated documents.
  2. A valuer prepares valuation under the Just Terms Compensation Act.

Step 6.Lodge Plans with Land Registry Services

Step 7.Contract of Sale issued

Authorities notified include:

  • Essential Energy (or relevant electrical supplier)
  • APA Group (or relevant Gas Supplier)
  • NSW Department of Planning & Environment
  • NSW Department of Industry,
  • Transport for NSW
  • The State Transit Authority
  • Fire and Rescue NSW
  • NSW Rural Fire
  • Service NSW
  • Forestry Corporation
  • Rous Couty Council
  • Local Land Services
  • National Parks and Wildlife Service. 

 

Lodge the plan and documents with Land Registry Services.

The Certificate of Title must also be shown to the Land Registry Services (LRS).

All plan requisition notices are to be followed up.

The Plan is then registered with LRS.

A Gazettal notice is prepared and lodged and published in the Government Gazette. There is a 60-day waiting period after Gazettal for any appeals.

Dependent on initial assessment the road will either vest in Council or in Crown.

All contracts of sale are dealt directly with Council. The completed 11R form is lodged with LRS.

Once the dealing is registered, a title/lot is created for the closed road. Council will notify all authorities and landholders of the outcome.

All Survey and Council Fees for consolidation of new lot creation and existing parcel of land will be due. Application for consolidation of lots lodged with Council and once finalised will be registered with LRS. The original Certificate of Title of the property to be consolidated will need to be provided by the property owner to send to LRS. Transfer documents will need to be signed to take Council off the title due to the consolidation.

Legal Fees will be due, contracts are exchanged, and land sale will be facilitated.

For a standard Road Closure there may be other costs involved if the closure or sale is approved.

Below is an outline of these costs.

Fee type Cost 
  • Investigation Fee
  • Report & Application Fee
  • $300
  • $1,200

Advertising

Standard road closures must be advertised in the local newspaper in addition to website.

 $550

Survey / Land Registry Service

Dependent on circumstances

 $3,000 to $5,000

Legal fees

Dependent on standard or special contracts.

 $1 to $1,800

Valuation

Fee for a registered valuer 

 $1,500 to 3,000
Purchase Price Costs negotiated using valuations.

Other council fees 

Such as Subdivision Certificate and consolidation.

 TBA

Contact

Phone

02 6626 7000

Email

council@byron.nsw.gov.au

Crown Roads?

If the road is a Crown Road, contact Crown on:

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