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Roads
Crown public roads generally provide lawful access to freehold and leasehold land where little or no subdivision has occurred since the original Crown subdivision of NSW, early in the nineteenth century.
These roads are part of the State's public road network, and the majority have not been formed or constructed. In some parts of the State, these roads contain significant native vegetation and provide a wildlife corridor in an otherwise cleared landscape.
Crown public roads are managed under the Roads Act 1993, as are all other public roads in the State.
Occupation of Crown roads
An Enclosure Permit (formerly known as a Road Permit) authorises the enclosure of a Crown road or watercourse by the holder of adjoining freehold or leasehold land. The permit allows the adjoining landholder to fence a Crown road as part of his/her own property. The permit may be issued, subject to conditions, including payment of an annual rent to the State.
An enclosure permit can only be granted to the holder of the adjoining land. More information on enclosure permits.
Closing and purchasing Crown roads
In 2004, major legislative reform created a simple, less expensive process to close Crown roads which are now deemed unnecessary for public access, and which may be closed and sold to the adjoining private landholders.
Each case is assessed individually, and includes an environmental assessment to ensure that natural resource or habitat areas are protected through the imposition of covenants, as required.
So that potential conflict between neighbours over access and future ownership of the road can be resolved, a landholder who wishes to apply for road closure should gain consent from adjoining landholders prior to lodging the application to close the Crown road. If consent is not possible, an application may still be lodged with the Department of Lands.
Where possible, roads may be closed as public access but with an easement granted over the land to give legal access to a neighbour or other party. Where an application is unsuccessful, a landholder will be required to continue to pay rent or to cease to enclose the road.
More information is available in our Fact Sheet on Closing Crown Roads (PDF 319 kb) and Closing Crown Roads questions and answers
Applying for a Crown road closure
- Download an application below or collect one from your local Lands office
- Prepare a diagram clearly showing the road/s proposed to be closed. If you are lodging an application for closure of roads on behalf of a group of landholders or where you intend to purchase only part of the land, please indicate this clearly on the diagram, showing the land you intend to purchase and who will purchase the other portions.
- Lodge the application form and the diagram at your local Lands office with the current fee
- Once the Department has undertaken investigation, including reference to all affected authorities and a newspaper advertisement in the local newspaper calling for any objections, you will be further advised.
Application forms
The following forms are available to download:
Close a Crown public road - general application (PDF 40 kb)
Close a Crown public road - council application (PDF 60 kb)
Purchase a closed Crown road - application (PDF 48 kb)
Gates and public access
Any gate which is erected on a Crown road must not be locked. It is essential that access is not impeded. To find out more about the acceptable standard of a gate, a good guide is the standard of other gates in the locality. For more information, contact your local Lands office.
History
The State of NSW was progressively settled after 1788 from the area around modern day Sydney. By the late 1830s, squatters had moved into the countryside and taken up pastoral runs. There were no formal surveys of such areas. When the land was eventually surveyed, legal access had to be provided to every holding. The Crown roads network is a result of providing legal access, which does not necessarily provide practical access.
Many boundaries of holdings were delineated with geometric shapes based on cardinal points and survey conventions at the time rather than using natural boundaries such as watercourses, ranges, etc. Crown roads providing legal access were typically aligned to these boundaries and other considerations normally associated with the location of roads such as topography, slope of the land, natural features, barriers and impediments were not necessarily taken into account. Practical access to every surveyed portion was therefore not assured.
