Project objective

Bayside’s Discontinuance and Sale of Roads, Right of Ways and Reserves Policy provides a direction as to whether roads, right of ways and reserves should be retained and managed by Council, or discontinued and/or sold.

The Policy is reviewed every four years to ensure it remains fit for purpose and reflects the needs of the community and Council. The Policy was last reviewed in 2018 with minimal changes.

As part of the scheduled 2022 review, we’re proposing various additions and amendments, which are outlined in the ‘Impacts’ section below.

We’re seeking community feedback on proposed amendments, as well as on the application, land assessment, referral and decision-making processes (as set out in the Policy) to ensure they are clear and equitable.

Project impacts

This Policy provides a direction as to whether roads, right of ways and reserves should be retained and managed by Council, or discontinued and/or sold.

The objectives are to:

  • Provide a consistent and equitable approach to the management, discontinuance and/or sale of the land
  • Ensure that all land that is reasonably required will be retained and ensure it is open and available for the public
  • Wherever not reasonably required, ensure that the land is appropriately managed or otherwise disposed of in accordance with this policy
  • Achieve a satisfactory financial and environmental outcome which is beneficial to both Council and Applicants (adjoining owners applying to purchase land).
  • Reduce Council’s long term financial and legal liability for land it no longer requires (e.g. maintenance, cleaning and public liability)
  • Improve local amenity for Bayside residents (e.g. increasing security of private property by removing unrequired public access points, eg someone entering a property from a laneway)
  • Formalise ownership and occupation of land
  • Maximise additional revenue generated from the transfer or management of land.

The achievement of the objectives of this Policy will:

Specific impacts where the proposed Policy differs from the existing Policy are outlined below.

  • Council may retain land to support environmental objectives for example to be incorporated into adjacent public land, converted into a habitat corridor or island through supplementary planting or to support planting of vegetation that promotes biodiversity.
  • The requirement of regular, on-going vehicular access for a road/right of way to be deemed required for public access. Pedestrian access that can otherwise be achieved via other access points and occasional vehicular access such as trailer access will no longer (on their own) be sufficient reasons for a right of way/road to remain accessible for the public.
  • The previous Policy provided a consideration of a 50% discount of the market value if 15 years or longer exclusive occupation of the land could be demonstrated. This has been extended to include land not capable of being reinstated for further public use, is not vested in the ownership of any Government body and other criteria determined at the discretion of the Director of Corporate Services.
  • The draft Policy takes a more assertive position regarding illegal occupation of land. This includes the option to: Council to remove the obstruction and any encroachments at the encroachers cost, the ability for the encroacher to enter into discussions to purchase the land, option to lease the land from Council and Council to have the right to place a notation of the subject lands Land Information Certificate.

What information do we need from the community?

The community is invited to read the draft Discontinuance and Sale of Roads, Right of Ways Policy and provide feedback. We are seeking feedback to determine if the community is satisfied with the updates to the Policy and if further changes or additions are required.

What can the community influence?
  • Application process
  • Land assessment process
  • Referral process
  • Decision-making process

What can’t the community influence?
  • Costs
  • Land allocation
  • Valuation of Land
  • GST
  • Payment Terms
  • Unlawfully Occupied Land
  • Monitoring, Evaluation & Review
  • Roles & Responsibilities
  • Related Document

Stakeholders and community

This stakeholder assessment is a generalised understanding of sections of the community that have a connection to the project or matter. This information is used to understand the types of tools and techniques that will achieve the strongest and most effective outcomes for engagement and communication.

Impact: What level of change the stakeholder / community segment may experience as a result of the project / matter

Interest: What level of interest has been expressed or is anticipated

Influence: Reference to the IAP2 Spectrum

Stakeholder / community




Adjoining property owners to land within scope of Policy




General Bayside community




External Authorities (Public or Government Bodies eg authorities that have easements)




Selected tools and techniques

The tools and techniques selected for this project are informed by the project content, stakeholders and type of feedback sought.

Key tools for communicating the project
  • news story on Council’s website and e-newsletter This Week in Bayside
  • social media
  • direct email to previous Have Your Say members

Key methods for gathering feedback

  • online consultation via Council’s Have Your Say platform, including opportunities to ask questions and provide feedback
  • contact details for interested community members to ask for further information or provide feedback
  • printed information available, as required.

Project timelines

Key Dates:For this phase

Item title

Start date

(& time if relevant)

End date

(& time if relevant)


(if required)

Community consultation

22 September 2022

19 October 2022

Consideration of community feedback

November 2022

A Community Engagement Summary report will be prepared

Council considers draft Policy

20 December 2022

20 December 2022

Council is expected to consider community feedback and the revised draft Policy at its 20 December meeting.

Decision-making process

Council endorsed the draft Discontinuance and Sale of Right of Ways, Roads and Reserves Policy 2022 to be released for community consultation at its 20 September 2022 meeting. Consultation on the draft strategy will be held for a four-week period from Thursday 22 September – Wednesday 19 October 2022.

Community feedback will be collated and presented to Council for their consideration and amendments made to the draft Discontinuance and Sale of Right of Ways, Roads and Reserves Policy 2022, as required.

It is expected that a report on community feedback and the proposed Discontinuance and Sale of Right of Ways, Roads and Reserves Policy 2022 will be considered for adoption by Council at its 20 December 2022 meeting.

The agenda for this meeting, including the community engagement report and Council Officer's recommendation in relation to the draft Discontinuance and Sale of Right of Ways, Roads and Reserves Policy, is expected to be published on 14 December 2022 on Council's website. Project subscribers will be notified when the report is available.

All Council meetings are live-streamed via Council’s website. Community members can also ask a question or request to be heard at this meeting.