Right of Way Easement Request

The property owners of 1270 - 1272 Old Port Road, West Lakes have requested access over Council land (known as a right of way easement) to build a single driveway for commercial vehicles to access the rear of their property from Hero Way.

The access would be located on Hero Way, just north of Water Witch Court, approximately between the red lines in Figure 1 below. A right of way easement approval, would allow the owners to install a driveway over Council land. Council would still retain full ownership of the land.

The owners have received planning consent for a commercial bulky goods outlet and service trade centre on their site at 1270 - 1272 Old Port Road, West Lakes. The proposed driveway off Hero Way would allow commercial vehicles to make deliveries, service and collect waste from the back of four of the tenancies proposed as part of the larger bulky goods outlet.

The area proposed does not impact upon any trees and no trees are required to be removed to construct the driveway.

Figure 1 Aerial view of proposed right of way easement

How will the driveway operate?

The use of the driveway on Hero Way will be controlled through conditions set out in the Planning Consent. These controls determine who can use the driveway, when, and how.

These measures are designed to ensure that the rear access doesn't impact visually on the surrounding residential area, reduces noise and prevents casual and unauthorised access.

These controls include:

• Hours of operation: commercial vehicles access is limited to Monday to Friday - 8:00am to 6:00pm and Saturday to Sunday- 8.30am to 5.00pm.
• Access: The Hero Way access is for commercial traffic servicing 4 of the bulky good stores. All other customer and visitor access is from Old Port Road only. Access will be managed by an automatic sliding gate. The gate will remain closed at all times, except during active delivery or servicing periods.
• Loading and unloading: Restricted to on the property.
• Entry and Exit: All vehicles must enter and exit in a forward direction and all vehicle manoeuvres are accommodated within the site.
• Visual appearance: The owners will install a 1800mm high Colorbond fence and landscaping along part of Hero Way.

How many vehicles can we expect?

The owners have provided an independent traffic and parking report. The report identified that there would be one commercial vehicle movement per hour accessing this rear service area via Hero Way. This would amount to 8 to 10 commercial vehicles per day.