Rights of Way (ROWs)

Rights of way are sometimes created on plans of subdivision to facilitate access to adjoining lots, but are not public roads. The majority of the ROWs created in this way in the early 1900s were held in private ownership by the original subdivider.

Privately owned ROWs are classified as private roads. Unless a ROW is owned by the City or the State of WA, they are not the City’s responsibility to maintain. The majority of private ROWs in the City’s district have gradually been acquired into the ownership of the State of WA in recent years for management by the City.

Unsealed ROWs can pose a number of issues for the City and residents living next to these ROWs. These may include:

• dust, nuisance and privacy concerns
• safety and security
• poor amenity (e.g. litter, weeds, illegal rubbish dumping, vermin)
• maintenance.

The City of Stirling’s Rights of Way Management Strategy sets out Council’s management intention for all ROWs according to their characteristics and strategic benefits.

ROWs that offer strategic benefits to the community are being upgraded with bitumen, drainage and lighting to form part of the public road network.

ROWs that are considered to offer minimal or no benefits to the community are being investigated for closure and disposal to the adjoining lots where possible.

To find out more about the Rights of Way Management Strategy please click here.

• The closure of a ROW is effected under the Land Administration Act 1997, and in accordance with Department of Planning, Lands and Heritage (DPLH) policy and practices
• The process is undertaken by the City and DPLH in consultation with the Western Australian Planning Commission and adjoining landowners
• In order for closure to occur, the land in the ROW must be purchased by the adjoining landowners for inclusion into their respective lots. Each lot owner may acquire a half portion adjoining their lot, or a full width portion where appropriate
• Closure of a ROW is less likely to occur if agreement to the closure is not obtained from all adjoining landowners
• If a lot adjoining a ROW is part of a strata plan, written agreement to the closure and purchase of the ROW is required from every owner in the strata plan or from the strata company
• Partial closure of a ROW is generally not supported where this would result in a considerable length of the ROW being dead-ended or a residual portion of the ROW being land-locked
• The owner acquiring the closed portion of the ROW adjoining their lot (Acquiring Owner) is responsible for paying all costs associated with the acquisition and amalgamation of that portion of the ROW into their lot. These costs include, without limitation, the purchase price for the portion of the ROW land, any service relocation or grant of easement required, survey costs, documentation costs and statutory fees
• The purchase price for each portion of the ROW is determined by DPLH once an application for closure has been initiated by the City.  The purchase price is generally based on market valuation.  However, where closure of a ROW is due to anti-social issues and the addition of the closed portion of the ROW will not result in an increase to the development potential of the recipient lot, then a nominal purchase price may be approved by the Minister
• The Acquiring Owner is responsible for fencing the additional area into their property on completion of the closure and purchase process
• The closure process generally takes a minimum of 12 to 18 months from commencement to completion, depending on the timeliness and availability of owners' agreements to acquire the land in the ROW. 

The closure and amalgamation of a portion of the closed ROW into your property will increase your lot area, and may, in some cases, increase its development potential.

For further information relating to the zoning and development requirements for your property, please contact the City on (08) 9205 8555.