Re­moval of gate on cards

Western Suburbs Weekly - - Fashion - By JON BAS­SETT

COTTES­LOE Coun­cil will or­der a pri­vate gate block­ing a pub­lic lane for many years to be re­moved after a spe­cial meet­ing last Tuesday.

The meet­ing was closed to the pub­lic to con­sider con­fi­den­tial le­gal ad­vice be­fore coun­cil­lors agreed to can­cel a 15-month old li­cence held by Lil­lian Street res­i­dents Sonya and Greg Mad­den for their elec­tronic gate, which neigh­bours said blocked cul-de-sac right of-way 64 (ROW 64).

Coun­cil records in­di­cated there had been a gate in the lane be­fore 1995, which was 10 years be­fore the route was made into Crown Land, after it was cre­ated by the coun­cil be­fore 1967.

Last week, coun­cil­lors agreed the lat­est gate had been locked con­trary to the Fe­bru­ary 2016-agreed li­cence, which said it must not deny ROW 64 ac­cess for ad­ja­cent 117A Curtin Av­enue and 20 Regi­nald Street.

Al­le­ga­tions about the gate started early in 2016 when a Regi­nald Street landowner asked the coun­cil for its re­moval so she could even­tu­ally get rear ac­cess if she de­vel­oped her prop­erty.

The coun­cil did not want to en­ter the neigh­bours’ dis­pute, not­ing the lane was nar­row and had trees and a sig­nif­i­cant slope, so in­stead said the gate could only be re­moved if ap­provals were ob­tained for any sub­di­vi­sion, lane im­prove­ment and tree re­moval.

The dis­pute con­tin­ued when 117A Curtin Av­enue’s own­ers asked for the ROW64 ac­cess as part of ren­o­va­tions at the start of last year.

The Mad­dens also ap­pealed a con­di­tion of the gate li­cence to SAT be­fore with­draw­ing it in March and pre­vent­ing any fur­ther coun­cil ac­tion un­til the ap­peal was fin­ished.

The coun­cil’s so­lic­i­tors will now write to the Mad­dens, giv­ing them 14 days to con­form with the or­der, with po­ten­tially an­other 14 days if an­other let­ter is needed. They can ap­peal to the State Ad­min­is­tra­tive Tri­bunal (SAT).

After pe­ti­tion­ing by a res­i­dent, Lands Min­is­ter Rita Saf­fi­oti an­nounced a Lands Depart­ment in­ves­ti­ga­tion, but Cottes­loe Mayor Jo Dawkins said the gate was an is­sue for her coun­cil and not the Gov­ern­ment.

After the spe­cial meet­ing, Ms Saf­fi­oti said the coun­cil was re­spon­si­ble for the gate’s re­moval be­cause it en­croached on Crown Land and the sit­u­a­tion would con­tinue to be mon­i­tored by Gov­ern­ment.

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