CITY of Ballarat has been involved with property owner disputes over access to three of the city\u2019s laneways for over two years.<\/p>\n
As a result councillors voted on Wednesday, 2 October in favour of a proposed process that would lead to all laneways in the city, created before 1988, being declared as public highways.<\/p>\n
Mayor Cr Samantha McIntosh said if there\u2019s controversy about ownership of laneways, the municipality wants people to know there\u2019s a way forward and the new policy is about clarifying the situation.<\/p>\n
\u201cAn old laneway in dispute doesn\u2019t necessarily allow for happy neighbourhoods,\u201d she said.<\/p>\n
A council declaration, under Section 24 of the Local Government Act 1989,<\/em> of laneways as public highways, would deem undisputable, clear and decisive control over, and ownership of, the laneways to the city.<\/p>\n A public highway is land over which any member of the public has a legal right to come and go under common law.<\/p>\n \u201cThis policy is absolutely about minimising disruption,\u201d Cr McIntosh said.<\/p>\n Not all the laneways in Ballarat are thoroughfares.<\/p>\n A significant number were built at the rear of properties to allow access to vehicles for the removal of night soil before the days of plumbed toilets.<\/p>\n \u201cWe are still allowing the opportunity for great collaboration between neighbours to come up with a shared way and if they can\u2019t do that then we have a solution,\u201d Cr McIntosh said.<\/p>\n Council will research and record all the laneways on a register before announcing by public notice the intent to declare them as public highways but was unable to clarify how long the entire process would take.<\/p>\n Cr McIntosh said the issue takes up a lot of time for council officers, creates heartache for property owners, and takes a lot of expense to go through the legal process.<\/p>\n \u201cWhat we want to do is ultimately minimise the dispute, unnecessary costs and create an outcome that will allow the neighbours to have a happier relationship,\u201d she said.<\/p>\n \u201cIf property owners are unable to agree on a solution to their dispute then the purpose of this is so that we can have an outcome.\u201d<\/p>\n