The purpose of the application is to be able to park the applicant's vehicle safely as well as provide improved access to the applicant’s property.

The applicant is requesting Council to consider the closure of the adjacent road reserve land, for subsequent purchase of the land. Following successful purchase of the road reserve land, the applicant intends to submit a development application to Council for a carport structure.

The area of the road reserve closure is adjacent to the applicant’s property known as 58 Herbert Avenue, Newport (Lot 149 DP 13457).

Herbert Avenue is a very narrow road. Along Herbert Avenue, it is very steep and the applicant’s property is located on the lower side of the street.

The fall from the road is approximately 4.5 metres.

The proposed dimensions of the road reserve closure is approximately 15.28m by 4.4m.

The proposed area of the road reserve closure is 67.2sqm.

Due to the steepness of the terrain, local residents do not currently access this strip of road reserve land.

Once the road reserve land is closed it is no longer available to the general public.

It is unlikely Council will widen the road in the future.

Council normally requests that applicants close the full frontage of their property, to allow consistency along the streetscape.

There is a clearance area that is retained by Council for access and maintenance to the road and Council does not support the closure of the full depth of the road reserve.

Council has closed and sold road reserves adjacent to: No 60, 64, 66 and 68 Herbert Avenue.

Council’s internal stakeholders include:

• Trees
• Strategic & Place Planning
• Parks & Assets
• Development Engineers
• Stormwater Floodplain Engineering
• Bushland Biodiversity
• Transport Civil & Infrastructure Planning
• Legal Counsel

Council’s external stakeholders include:

• Adjacent local residents on Herbert Avenue
• Your say page
• Local resident Groups – Newport Resident Association
• Government Authorities
• Ausgrid
• Transgrid
• Jemena
• NSW Planning
• Resource and Energy
• NSW Fisheries
• Land And Water Division
• Transport for NSW
• State Transit
• RMS Sydney
• NSW Fire and Rescue
• NSW Rural Fire Service
• Sydney Water
• National Parks and Wildlife Services
• Forestry Corporation
• APA Group
• Local Land Services

Section 38B of the Road Act 1993.

The property owner immediately adjacent to the subject road reserve land can apply to council to purchase the road reserve land.

The applicant is required to submit a separate application to purchase Council’s land and it is subject to independent valuation, Council resolution and contract.

An independent Register Valuer will assess the road reserve land and this will be reported to the elected council or consideration of the proposed sale.

Section 43(3) of the Roads Act states that, “Money received by a council from the proceeds of the sale of land is not be used for Council except for acquiring land for public roads or for carrying out road work on public roads.” Such road works may vary including pavement strengthening, retaining structures, footpaths or streetscape improvements.

The sales proceeds will provide funds for continued maintenance and improvement of road infrastructure and footpaths in the local area.