Buttaba Hills South Paper Subdivision

Background information

The Buttaba Hills South Paper Subdivision consists of 120 lots that are owned by almost 100 different landowners. The land was subdivided in 1922 but roads, drainage, water, power and sewer were never provided to the lots.

A group of landowners have formed the Buttaba Hills South Action Group which discusses matters with Council when required.

While much of the land is zoned for residential development, the land cannot be developed because necessary utility infrastructure such as roads, drainage, water, sewer, communication and electricity are not available to each lot. The land also has high biodiversity values, which will need to be addressed as part of any future development application by landowners.

One of the biggest challenges to resolving the paper subdivision is identifying the present owner(s) of the ‘paper roads’ land.

Area Plan background

Council adopted the Buttaba Hills South Area Plan in 2016. The Plan was prepared with input from the Buttaba Hills South Action Group, state agencies responsible for bushfire, water resources, Aboriginal land management and infrastructure. Several flora and fauna studies also helped shape the Plan, which provides guidance on development outcomes for the site.

Status of the paper roads in the Buttaba Hills South Estate

The status of the unformed roads in the Buttaba Hills South Estate is outlined below.

• Council has sought legal advice on the status of paper roads and Council is of the view that the paper roads remain private roads which were never validly opened or dedicated as public roads.
• Certificate of Title Volume 3151 Folio187 for DP12507 identifies that the paper roads form part of the residue of land in DP12507 standing in the name of Frank Halloran, the original sub-divider.
• Accordingly, the roads in Buttaba Hills South Estate are owned by the beneficiaries of Mr Halloran’s estate.
• Lot 756 is separate from the paper roads but is also owned by Frank Halloran’s estate.
• A solicitor acting for descendants with a possible claim to the roads and Lot 756 is working find all the lawful successors of Mr Halloran. The solicitor working for the descendants is working as quickly as possible but this process is complex and time consuming and it is not possible to put a timeframe on when this will be completed.
• Legal advice provided by a member of the Landowner Reference Group has not added anything new to this understanding to the legal status of the roads.
• Once all descendants of Mr Halloran have been identified, an application can be made by the solicitor for the descendants to the NSW Supreme Court, seeking administration orders that establish the present day owners of the roads.
• When there is a formal direction or order from the Court clarifying ownership, landowners in the estate will be in a position to enter negotiations with the legal owners of the paper roads and Lot 756 regarding their purchase.

Until the ownership of the paper roads is resolved, and utility infrastructure is provided by the landowners, development cannot occur on the lots in the paper subdivision.