The reason for the application is to enable the purchase and consolidation of the subject road reserve into 107 Clontarf Street, Seaforth (Lot 1 DP 119074), following a Land and Environment Court case judgement regarding the land.

The area of the road reserve closure is on the eastern boundary of the applicant’s property known as 107 Clontarf Street (Lot 1 DP 119074).

The proposed dimensions of the road reserve closure are approximately 12.19m by 6.2m. The proposed area of the road reserve closure is 75.6sqm.

This road reserve is not currently being used by local residents. When the road reserve is closed, there will still be approximately 4 metres from the front of the garage to the edge of the kerb.

On 9 May 2017, Council granted Development Consent DA 359/2016 (the Consent) for additions and alterations to the existing dwelling including the construction of a new detached garage with roof terrace and associated landscaping at 107 Clontarf Street.

The garage was subsequently erected in accordance with the approved plans and this involved the carrying out of works within the public road reserve adjacent to 107 Clontarf Street. Council was not aware that the approved works encroached onto public land at the time that the Consent was granted and as such no owner’s consent was given by Council in this regard.

The validity of the Consent was subsequently challenged in the Land and Environment Court. The Court ultimately found that although there was a breach of the Environmental Planning and Assessment Act 1979, the Court did not find that demolition of the encroaching garage structure was warranted and did not set aside the Consent (in Lu v Walding (No 2) [2021] NSWLEC 21).

This application is to formalise the garage on the road reserve land so that the garage will eventually be located wholly on the applicant’s land. Any further development will require a development application to Council.

Section 38A of the Road Act 1993.

It is the intention of the owners of 107 Clontarf Street, to purchase the subject land, as they are an adjoining landowner. Council does not permit the purchase of small amounts of land by anyone other than an adjoining property owner.

Council will be able to enter into a contract for sale of land with the owner of 107 Clontarf Street once the road reserve closure has been successful and title is issued to Council. Any money obtained through the sale of the road reserve will be used for the provision of infrastructure across the Council area.

Property owners located at 103, 105, 109, 111 and 113 can apply to Council, similar to 107 Clontarf Street to close the area of road reserve that has been identified as not being required for future road widening. The area in front of these houses as listed is greater than the standard road reserve corridor along the street.