Desaumarez Street Proposed Public Road Declaration

Background

Prior to 1915, a private road was established in front of 22 Desaumarez Street, Kensington Park.

The Private Road is now contained in a single allotment held under a separate Certificate of Title.

A 263 square metre portion of this allotment comprises a portion of Desaumarez Street's road surface, verge and footpath (see the red outline in the image below).

To correct this historical anomaly, it is proposed to transfer the ownership of the Private Road to Council, with compensation paid to the owners.

Historically, Council has paved the footpath, planted and maintained street trees, constructed the kerb and water table, and bituminised the carriageway.

What is proposed?

It is proposed that the Certificate of Title for the portion of land as outlined in the image, containing the road surface, verge, footpath, street trees and kerb be transferred to the City of Burnside.

Using the direct comparison method, the land has an assessed value of $25,000.

Correcting this historic anomaly ensures that there is no risk to public access for this portion of the road, verge and footpath.

Should the purchase of the subject land be supported by Council, two Quercus robur (English Oak) trees and the adjoining section of footpath, kerbing and carriageway currently located on private land would be brought under Council ownership, providing greater certainty for their long term management.

Section 210 of the Local Government Act 1999 provides a simple mechanism for Council to take ownership of private roads. This involves reaching an agreement with the owners regarding compensation, identifying and giving notice to all owners with rights of way over the Private Road, publishing a notice in the Government Gazette and issuing a Notice to the Registrar General of the Declaration. Upon becoming a public road, all private rights of way are extinguished.

Council welcomes your feedback

All feedback received on this proposal will be presented to Council for thier consideration prior to any declaration of land ownership.