A road deviation request was initiated due to a planning permit application seeking a boundary realignment and consolidation of an adjoining property at 965 Castle Creek Rd, Castle Creek. The permit also seeks to formalise access for the new lots.
The most appropriate access to the lots is via Elligate Lane which exists on private land outside the unmade Government Road reserve. This deviation will locate the physical road within a road reserve as shown in the diagram above.
The applicant has provided to council the plan of closure and exchange. The intention is to deviate the road to its true, physical alignment and transfer the road reserve to the adjoining owner.
The status of the land where the road is currently built is freehold land. The deviation process will change the status of the current road reserve to freehold land and will be incorporated into the title of the adjacent title as part of the transfer process.
At the conclusion of the deviation process the land on which the road is built will be declared a Government Road in accordance with Schedule 10 of the Local Government Act 1989.
All costs associated with the deviation will be borne by the applicant.