5.1. PERMANENT ROAD CLOSURES - 65 KARNAK ROAD ......5 of 215 Ordinary Council Meeting - 25 August...

5 of 215

Ordinary Council Meeting - 25 August 2020

5.1. PERMANENT ROAD CLOSURES - 65 KARNAK ROAD, WHYANBEEL

REPORT AUTHOR Susan Lunn, Property Officer

MANAGER Terry Farrelly, Manager People and Community Services

DEPARTMENT People and Community Services RECOMMENDATION

That Council:

1. Advise the applicants that Council supports the execution of a Form Part C for permanent road closures on Lot 2 SP190474 being 65 Karnak Road, Whyanbeel on the condition that agreement is provided to convert the existing easement A and B into a formal road reserve at nil land cost for Council and;

2. Delegates authority under section 257 of the Local Government Act 2009 to the Chief Executive Officer to finalise any and all matters associated with the application.

EXECUTIVE SUMMARY

The owners of Lot 2 SP190464 being 65 Karnak Road, Whyanbeel have requested the permanent closure of two (2) wooded and unpassable roads on their property.

There was concern from internal Departments that the road closures may limit or restrict future access to Council’s water treatment plant, however Property Officers have agreed a suitable resolution with Manager Water and Waste Water and the property owners whereby the existing easement, which provides the current access to the water treatment plant, is converted into a road reserve thereby providing suitable and guaranteed future access to Council’s infrastructure.

If Council does not support the execution of the Form Part C, the applicant has no right of appeal.

BACKGROUND

The owners of Lot 2 SP190464 being 65 Karnak Road, Whyanbeel have requested the permanent closure of two (2) roads on their property. These roads are currently covered by re-growth forest through which is a pedestrian path to the National Park. It is the owners’ intention to leave these areas as they are. At present vehicular access to these roads is impossible.

The owners wish to extinguish all gazetted roads on their property and replace them with the granting of a pedestrian easement, which follows the existing old forestry track. Both National Parks officers and Department of Natural Resources, Mines and Energy have agreed to consider the proposal as the old forestry track would be easier to maintain and removes confusion for walkers as it is clearly marked and is already the favoured route to the Devil’s Thumb walking track. The arrangement would relieve the owners of any public liability issues.

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Feedback was requested from interested internal parties. Concern was raised regarding ongoing and future access to Council’s water treatment plant via the current easement, should the tenure of the land become uncertain in the future.

To alleviate concerns regarding the future access to the water treatment plant, Property Officers proposed that the easement be converted to a road reserve which would consolidate the tenure of the access to the water treatment plant and provide guaranteed future access for Council to its infrastructure.

The proposal was put to the owners, who agreed they would be happy to convert the easement to a road reserve, at no cost to Council.

Manager Water and Waste Water was also satisfied with this cost effective solution.

COMMENT

Property Officers propose that Council supports the execution of a Form Part C which supports the permanent road closure of the two roads on Lot 2 SP190464 with the condition that the owners agree to convert the current easement into a road reserve at nil land cost to Council.

PROPOSAL

Advise the applicants that Council supports the execution of a Form Part C for permanent road closures on Lot 2 SP190474 being 65 Karnak Road, Whyanbeel on the condition that agreement is provided to convert the existing easements A and B into a formal road reserve at nil land cost to Council.

FINANCIAL/RESOURCE IMPLICATIONS

There will be no cost to Council for the land required to convert the current easement into a road reserve.

Minimal costs will be incurred for a survey plan (circa $5,000).

RISK MANAGEMENT IMPLICATIONS

The proposal mitigates any risk of future access to the water treatment plant.

SUSTAINABILITY IMPLICATIONS

Economic: Securing a road reserve as formalized access to the water treatment plant protects Council future access to key infrastructure

Environmental: Nil environmental impact

Social: Nil social impact

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CORPORATE/OPERATIONAL PLAN, POLICY REFERENCE

This report has been prepared in accordance with the following:

Corporate Plan 2019-2024 Initiatives:

Theme 5 - Robust Governance and Efficient Service Delivery

Strong governance and financial management are the foundations of the way in which Council will conduct its business and implement the initiatives of the Corporate Plan.

Goal 2 - We will put the customer at the centre of our service delivery and process improvement as we deliver efficient and appropriate services based on community expectations.

COUNCIL’S ROLE

Council can play a number of different roles in certain circumstances and it is important to be clear about which role is appropriate for a specific purpose or circumstance. The implementation of actions will be a collective effort and Council’s involvement will vary from information only through to full responsibility for delivery. The following areas outline where Council has a clear responsibility to act:

Custodian Council owns and manages infrastructure, facilities, reserves, resources and natural areas. In fulfilling its role as custodian, Council will be mindful of the community, the economy, the environment, and good governance.

Facilitator Council often brings stakeholders together on important issues, projects or for service delivery. In this role, Council can act as a mediator, connector, collaborator or initiator.

CONSULTATION

Internal: Interested internal Departments were consulted including the Manager Infrastructure and Manager Water and Waste Water

External: Property Officers consulted directly with the applicants

COMMUNITY ENGAGEMENT

Nil

ATTACHMENTS

1. Survey Plan showing Easement B from RPS - 2017 [5.1.1 - 1 page]2. Lot 2 SP190474 - Map with Easements A & B [5.1.2 - 1 page]3. 65 Karnak Road - Proposed road closures [5.1.3 - 15 pages]

11.925

5.640

SSSSPPPP111199990000444477774444

NNNNPPPPWWWW666699995555

1

20

Drivew

ay

Gravel

Electricity Pillar

Gate

Peg

Electricity Meter Box

RRRRPPPP777733339999555555550000

EEEEmmmmtttt BBBB

ROAD

Road

Bitumen

Gate post (hinge) 1.27m over bdy

Bitumen clear of boundary in this vicinity

Bitumen 1.0m over Bdy

Gate

EEEEmmmmtttt BBBBRRRRPPPP777733339999555555550000

SSSSPPPP111144440000666633336666

2

0 404 8 12 16 20 24 28 32 36

1:400

NOTES

Level Datum: N/AOrigin of Levels:

Contour Interval: Index:

Origin of Coordinates: GDA94 vide RPS plan PR111137-4

Meridian: MGA vide RPS plan PR111137-4

Field/Level Book:

TO THE ORIGINAL SHEET SIZE (A1).

SCALE 1:400 IS APPLICABLE ONLY

( 1:800 @ A3 )

metres

D Pinkham

DW 28-9-17

DGP

4/10/17

1

1

A1

PROJECT MANAGER

SHEET SIZE

DRAWN

SURVEYED

DRAFTING CHECKED

CHECKED CAD REF

OFSHEETS

SHEET

AMENDMENTS

TEXTDouglas Shire Council

PR138057-1

Whyanbeel Intake road locationEasement B on RP739550

WhyanbeelDRAWING NO.SCALE ISSUEDATE

© COPYRIGHT PROTECTS THIS PLAN Unauthorised reproduction or amendmentnot permitted. Please contact the author.

RPS Australia East Pty Ltd ACN 140 292 762

U 10 9 Pioneer CloseCraiglie Q 4877PO Box 355MOSSMAN QLD 4873

T +61 7 4098 1148 F +61 7 4031 2942 W rpsgroup.com.au

IMPORTANT NOTE

1. This plan was prepared for the sole purposes of the client for the specific purpose of producing a detail plan. This plan is strictly limited to the purpose and does not apply directly or indirectly and will not be used for any other application, purpose, use or matter. The plan is presented without the assumption of a duty of care to any other person (other than the Client) ("Third Party") and may not be relied on by Third Party.

2. RPS Australia East Pty Ltd will not be liable (in negligence or otherwise) for any direct or indirect loss, damage, liability or claim arising out of or incidental to: A. Third Party publishing, using or relying on the plan; B. RPS Australia East Pty Ltd relying on information provided to it by the Client or a Third Party where the information is incorrect, incomplete, inaccurate, out-of-date or unreasonable;

C. any inaccuracies or other faults with information or data sourced from a Third Party; D. RPS Australia East Pty Ltd relying on surface indicators that are incorrect or inaccurate; E. the Client or any Third Party not verifying information in this plan where recommended by RPS Australia East Pty Ltd; F. lodgement of this plan with any local authority against the recommendation of RPS Australia East Pty Ltd; G. the accuracy, reliability, suitability or completeness of any approximations or estimates made or referred to by RPS Australia East Pty Ltd in this plan.

3. Without limiting paragraph 1 or 2 above, this plan may not be copied, distributed, or reproduced by any process unless this note is clearly displayed on the plan.

4. Scale shown is correct for the original plan and any copies of this plan should be verified by checking against the bar scale.

5. The title boundaries as shown hereon were not marked at the time of survey and have been determined by plan dimensions only and not by field survey. If not able to be so located, services have been plotted from the records of relevant authorities where available and have been noted accordingly on this plan. Where such records either do not exist or are inadequate a notation has been made hereon.6. Prior to any demolition, excavation or construction on the site, the relevant authority should be contacted for possible location of further underground services and detailed locations of all services.

138057-1 MGA road location.mjo

Attachment 5.1.1 8 of 215


5.1. PERMANENT ROAD CLOSURES - 65 KARNAK ROAD ......5 of 215 Ordinary Council Meeting - 25 August...

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