The proposal aims to address issues of land ownership and encroachment concerns, including residents extending fences, walls, garages or other structures into the laneway, and some residents making adverse possession claims (claims to gain ownership of land through long-term occupation).  Dedicating the land as a public road would provide a clear legal framework for resolving these matters, to ensure that the laneway remains accessible to the public. 

Yes. The proposal does not change the function of the laneway. It will continue to provide access to properties and garages that currently use it.

Once the road is formally dedicated:

• The laneway remains available for public access and vehicle access to garages.
• New adverse possession claims over the laneway would no longer be possible.
• Existing encroachments would be dealt with under a clear and consistent framework.
• The Town would have stronger legal authority to manage the land.

An encroachment occurs when a structure such as a fence, wall, garage, retaining wall or landscaping extends beyond a private property boundary and onto public land.

To ensure a consistent, fair and defensible response to encroachments following road dedication, the following tiered framework is proposed should the Minister approve the road dedication: 

Tier 1 – Encroachments within ROW 20 (in excess of 150 mm)

• Encroachments consist of structures built up to 3 metres into the laneway.
• Require formalisation through a Regulation 17 Agreement under the Local Government (Uniform Local Provisions) Regulations 1996.
• Property owners bear costs as per the Town’s fees and charges.
• Any future structures that remain must be removed upon redevelopment unless Council approves otherwise.
• It is expected that 2 properties will need to enter into a Regulation 17 agreement as they have not yet lodged an application (ROW 20 – 77 Hawkstone Street and ROW 20B – 42 Florence Street) .

Tier 2 – All other encroachments (Records show no more than 150 mm)

• Minor boundary misalignments with negligible impact on public access.
• Accept these encroachments and allow them to remain without requiring a Regulation 17 Agreement.
• No further action required unless the property redevelops.
• Withdraw Section 3.25 Notices issued (if required).

Tier 3 – Properties that have already lodged adverse possession claims

• Allow these to progress and Council at the appropriate time will need to determine its course of action.

This tiered approach balances legal obligations, operational practicality, community expectations, and equitable treatment of affected landowners.