Hi All,
My PPOR has an un-constructed Right of Way that runs along the rear boundary. The house was built in the late 1920's and this ROW was likely used as a night-cart lane before the sewerage system was put in place.
We currently have no off-street parking on our block and with the steep slope down from the street level access would be difficult not to mention that it would require using a large portion of our land for the driveway. As a result, we would like to use the ROW for vehicle access. Unfortunately the ROW currently consists of little more than mud and grass and there is no crossover present at the entry to the ROW so access requires mounting the gutter and driving over the nature-strip.
I have spoken with the council regarding sealing the ROW and installing a crossover. I have been told that any works will need to be undertaken at our expense and that of our neighbors. I am happy to cover the costs to a point as I believe any money spent is likely to be returned as an increase in property value with the addition of off-street parking.
Unfortunately it turns out that the Plane Tree immediately next to where the crossover needs to be installed is on the Significant Tree Register (Vic). Initially I was told that undertaking any works in this area would not be possible due to a 5m exclusion zone. Further conversation with a council arborist reveal works would be possible if I could obtain an arborist report stating there are no roots present in the area. I had an arborist do a preliminary inspection of the tree and he suggested there would be roots present however the excavation might not impact them and that the tree should probably be replaced in any case.
It is next to impossible to get in touch with the council arborist, it took 3 months of calling weekly to get to speak with him (he doesn't return calls). What is the best way to deal with this? We haven't put in any formal development applications, are we likely to get a better response if we do? Should we raise this with our local councilor (it is an election year)?
What is the best way to find out my rights regarding this ROW? I'd like to know what works I can carry out without involving the council. Perhaps access to the ROW trumps the significant tree? Who would be able to help with this, a conveyancer, a surveyor or a property lawyer?
Has anyone else had to deal with getting an un-constructed ROW made usable?
Cheers,
David
My PPOR has an un-constructed Right of Way that runs along the rear boundary. The house was built in the late 1920's and this ROW was likely used as a night-cart lane before the sewerage system was put in place.
We currently have no off-street parking on our block and with the steep slope down from the street level access would be difficult not to mention that it would require using a large portion of our land for the driveway. As a result, we would like to use the ROW for vehicle access. Unfortunately the ROW currently consists of little more than mud and grass and there is no crossover present at the entry to the ROW so access requires mounting the gutter and driving over the nature-strip.
I have spoken with the council regarding sealing the ROW and installing a crossover. I have been told that any works will need to be undertaken at our expense and that of our neighbors. I am happy to cover the costs to a point as I believe any money spent is likely to be returned as an increase in property value with the addition of off-street parking.
Unfortunately it turns out that the Plane Tree immediately next to where the crossover needs to be installed is on the Significant Tree Register (Vic). Initially I was told that undertaking any works in this area would not be possible due to a 5m exclusion zone. Further conversation with a council arborist reveal works would be possible if I could obtain an arborist report stating there are no roots present in the area. I had an arborist do a preliminary inspection of the tree and he suggested there would be roots present however the excavation might not impact them and that the tree should probably be replaced in any case.
It is next to impossible to get in touch with the council arborist, it took 3 months of calling weekly to get to speak with him (he doesn't return calls). What is the best way to deal with this? We haven't put in any formal development applications, are we likely to get a better response if we do? Should we raise this with our local councilor (it is an election year)?
What is the best way to find out my rights regarding this ROW? I'd like to know what works I can carry out without involving the council. Perhaps access to the ROW trumps the significant tree? Who would be able to help with this, a conveyancer, a surveyor or a property lawyer?
Has anyone else had to deal with getting an un-constructed ROW made usable?
Cheers,
David
