Application for permanent closure and sale of public road
Council is currently undergoing an audit of road reserves within the LGA to investigate temporary activation and alternative uses to benefit for the community, therefore no road closures/sales will be processed until further notice.
Please use this form to apply to close and purchase a road under section 34 of the Roads Act 1993 that is under the control of City of Newcastle.
Important information
- All road closures are subject to the approval of the elected Council
- Road can only be sold to the adjoining land owner.
There are portions of land designated as road reserve throughout the local government area which are not constructed as road or used for road. Whilst the majority of this land is required by City of Newcastle there are some instances where the road reserve is not required for future use and can be sold to the adjoining land owner.
Road Closure Process
The sale of any portion of road reserve is dependent on an official road closure procedure taking place. This includes consultation with public, neighbouring properties in the immediate area, government authorities and agencies who may have an interest in the road; if any objections are received the applicant must resolves the objection and have the objector provide a non-objection before the closure can proceed to the elected Council.
If the closure is not approved by the elected Council the road will not be closed and sold.
What fees are involved in closing a road?
All fees and costs associated with the closure of a road will be paid by the applicant wishing to close the road. These fees include but are not limited to:
Process | Fee/Charge | Responsibility |
Stage 1: Initial Application | ||
Resident makes initial application and pays the application fee | As per City of Newcastle Fees and Charges (Initial Application Fee) | Resident CN (Property Services) |
Road status investigated to confirm the road is Council road | At cost (est. $1,000) | CN (Property Services) |
Referral to Asset owner to determine if road can be closed | Nil | CN (Property Services) |
Valuer instructed to prepare valuation to determine sale compensation amount | At Cost (est. $5,000) | CN (Property Services) |
Council Report prepared to seek approval to close road and sell land | Nil | CN (Property Services) |
Stage 2: Closure Administration | ||
Closure Administration fee invoiced and paid | As per City of Newcastle Fees and Charges (Closure Administration Fee) | CN (Property Services) |
Deed of Sale prepared and executed | As per City of Newcastle Fees and Charges (est. $113/hour) | CN (Property Services) CN (Legal Services) |
Public notification of proposal, notice to surrounding impacted residents, notification to relevant government agencies | At cost (est. $800) | CN (Property Services) |
Draft survey plan prepared and approved | Applicant to pay | Applicant |
Draft road closure plan prepared and approved (internal) | Applicant to pay | Applicant |
Road Closure Plan submitted for Council approval by Regulatory Services | As per City of Newcastle Fees and Charges | Applicant |
Development Application lodged for Plan of Subdivision, including s.50 Hunter Water approval | As per City of Newcastle Fees and Charges As per Hunter Water Fees & Charges (est. $350) | Applicant |
Application for and Issue of Subdivision Certificate | As per City of Newcastle Fees and Charges (est. $700) | Applicant |
Notify the road closure in the Government Gazette | At cost (est. $150) | CN (Property Services) |
Application for Certificate of Title and removal of road designation | At cost | CN (Legal Services) |
Transfer of land and compensation payable | At cost | CN (Legal Services) |
Any "Fees & Charges" will be at the current adopted City of Newcastle Fees and Charges.
Any "At Cost" charge will be dependent on what third parties charge for services, above costs are indicative only and will be confirmed through the process.
Any "Applicant to pay" charge will be dependent on what third parties charge for services, above costs are indicative only and the applicant should make their own independent enquiries
The applicant will also be responsible for their own legal fees associated with the process and transaction.
How to make an application
Please call (02) 4974 2000 to speak to a Council Officer before making an application.
