Mayor rejects lane infill motive

The surrender of Cottesloe’s back lanes to the state government was not tied up with the Town’s infill polices, mayor Lorraine Young has told ratepayers.

A resident asked why the council was transferring ownership of the lanes to the Crown, a decision that has caused much angst to 90 people who have received letters telling them to move walls, fences and even swimming pools.

These structures intrude onto the council-owned lanes and the council says the boundaries have to be fixed before the lanes can be handed over.

The publicly-owned land must be available to the public, Ms Young told the annual electors’ meeting.

Some other householders had needed to set back their garage entrances because encroachments of the other sides of the lanes meant they did not have turning space for their cars.

“It certainly hasn’t been represented to council that this is in any way tied up with infill,” she said.

“It’s about trying to be fair and equitable to all property owners.”

One Florence Street resident said “the tail wags the dog” – the council had reacted to residents who had complained about encroachments.

“These three or four people have caused grief for over 90 residents, and I don’t think that’s fair,” he said.

A series of other questions from owners whose homes back onto rights-of-way between Grant and Eric streets have teased out more information from the council administration.

“The principle [of the strategy] is to transfer the remaining ROWs to the Crown so that no future adverse possession claims can arise,” the council said in response to a question asked at a council meeting.

“The land will remain for the benefit of the entire community.

“This can only be achieved once all encumbrances (encroachments) have been removed to the Crown’s satisfaction.”

But ratepayer Angus KennedyPerkins, of Grant Street, said that under the Property Law Act, there were other options open to the council.

These affect encroachments that were not intentional, negligent or where encroaching buildings were not erected by the present owner.

Options include vesting the land (to the adjoining owner), creating an easement or granting the right to retain possession.

He was supported by Florence Street resident Kim Leunig, who asked for the council’s plans and options for mediation with affected ratepayers.

The administration answer pointed to a resolution at a special council meeting in February that “provides a pathway on how council will manage ROW encroachment” ( Cottesloe flips on land grab, POST, March 9).

If the encroaching structure has been there for more than 12 years, owners can claim the land under adverse possession laws, but they have been quoted $8000 to $10,000 for this complex four-year process.

The council has now said that it will contact Landgate to ease this process in individual cases.

It said each application by ratepayers, including calls for help with adverse possession claims, would be considered individually on its merits.

The administration also said that 100 of the encroachments are less that 100mm, and said than the $60,000 survey of five lanes allowed for rounding errors.