Pedestrian Access Ways
I have a pedestrian accessway next to my property and I want it closed. What do I need to do?
Speak to the landowners adjoining the PAW first to see if they agree with the idea of closing the PAW. This is because if the application is supported, the land has to be bought by the adjoining landowners. Should the adjoining landowners agree with the idea of closing the PAW, write to the City outlining your reasons.
Are there any application fees?
A non-refundable administration fee of $1540.00 must be paid before the application can be evaluated and submitted to Council for consideration. Other adjoining landowners to the PAW may consider making a contribution towards the administration fee. All costs associated with the closure of a PAW are passed on to the adjoining landowners who have agreed to acquire the land if the application to close the PAW is successful.
Can the City not just fence off the PAW at both ends?
No. A PAW is a public thoroughfare, therefore it must be formally closed.
What is the process to request to close a PAW?
Once a request for closure is lodged with the City, utilities such as ATCO Gas Australia, Western Power, Telstra and the Water Corporation are contacted to find out if any services exist in the PAW (pipes, cables etc). The PAW is also checked to see if there is any drainage infrastructure within it. If, after being provided with this information, the adjoining landowners wish to continue to the next stage, then the proposed closure is advertised for public comment. Comments are also sought from residents within a 400-metre radius of the PAW, through a questionnaire and a sign is erected in the vicinity, at the applicant’s cost.
Once advertising has closed, the application is assessed against the City’s PAW policy, and a report is prepared for the Council. If Council supports the closure, the matter is referred to the Department of Planning (DP) for final approval.
Can I contact the service authorities myself to see if there are any services within the PAW?
Yes you can, although the City will still need to formally write to the service authorities once a PAW closure application is received. If one of the service authorities advises it has ‘major services’ within the PAW that can not be readily modified or moved, then closure could not be supported.
Why does the application for closure need to be advertised for public comment?
It is a condition under the DP's Guidelines and the City’s PAW policy that an application for closure is advertised for public comment for 30 days. It is important for people who use the PAW to know that there is a request to close it.
How is the land within the PAW divided between the adjoining landowners if the application is supported?
At least one adjoining landowner at the end of the PAW must agree to buy the land and pay all associated costs involved. If this agreement is not available, it is not possible to close the PAW. The City writes to all adjoining landowners when it receives an application to close a PAW to find out if they support the closure.
What will the land cost?
The land in the PAW is Crown land. If closure goes ahead, it must be bought from the Department of Regional Development & Lands (DRDL). The DRDL does not provide land valuations unless Council has supported the application, however, the cost of the land is generally market value.
What sort of things does the City consider prior to the determination of the application for closure of the PAW?
Generally, if an accessway forms part of a strategic link to community facilities such as bus routes, railway stations, shops or parks, or if it forms part of a safe and convenient pedestrian/cyclist network, it is unlikely the closure will be recommended. If there is evidence of unacceptable nuisance suffered by residents due to improper use of the PAW or anti-social behaviour, the City may support closure provided the accessway does not form part of a strategic link.
What happens after Council makes a decision on a PAW closure application?
If Council supports an application, the City will write to the adjoining landowners. They will be informed about Council’s decision and advised that the DP will now be asked to provide its support. It takes approximately nine months to obtain a Council decision on a PAW closure application. If Council does not support an application, the PAW cannot be closed. The City may be able to consider other ways to alleviate any problems caused by the PAW.
What happens if Council supports my application but the DP does not?
If the DP does not support an application to close a PAW, the closure cannot proceed. Once the City has received the DP’s comments, it will write to the adjoining landowners to advise them.
Who has to support the application?
Council and DP both need to support the application for closure. The Minister for Planning has the final say on closing PAWs. If Council does not support an application for closure, in accordance with the City’s PAW policy, a new application may be submitted to Council for reconsideration no less than 18 months after the date of the original decision.
Are there any other procedures that need to be undertaken when the PAW is closed?
Once a decision is made to close a PAW, a subdivision application must be made to the Western Australia Planning Commission (WAPC) for the amalgamation of the land. If the WAPC approves this, a Deposited Plan is sent for endorsement. All documents are prepared by the DRDL in conjunction with the WAPC. This process adds to the time it takes to close the PAW and all costs must be borne by the applicants.
Related resources
The DRDL Crown Titles section: 9273 7373.
For further information please contact the City on 9400 4371.
Last updated 12 January 2012
