Buttaba Hills South Paper Subdivision - Landowner Reference Group

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Consultation has concluded

The Buttaba Hills South Paper Subdivision consists of 120 lots that are owned by almost 100 different landowners.

While much of the land has been rezoned for residential development, the land cannot be developed because it is not serviced with the necessary utility infrastructure such as roads, drainage, water, sewer, communications and electricity. The land also has high biodiversity values.

One of the biggest challenges to resolving the paper subdivision is identifying the present owners of the ‘paper roads’ land. 

Area Plan background

Council adopted the Buttaba Hills South Area Plan at its meeting on 5 December 2016. Council prepared the Area Plan for the site with input from the Buttaba Hills South Action Group, state agencies responsible for bushfire, water resources, Aboriginal land management and infrastructure, and following several flora and fauna studies.  The Area Plan provides guidance on development outcomes for the site.


For any enquiries about future development of the estate please contact:

Mr Colin Hutchinson

President

Buttaba Hills South Action Group

[email protected] 

+61 477 998 218

The Buttaba Hills South Paper Subdivision consists of 120 lots that are owned by almost 100 different landowners.

While much of the land has been rezoned for residential development, the land cannot be developed because it is not serviced with the necessary utility infrastructure such as roads, drainage, water, sewer, communications and electricity. The land also has high biodiversity values.

One of the biggest challenges to resolving the paper subdivision is identifying the present owners of the ‘paper roads’ land. 

Area Plan background

Council adopted the Buttaba Hills South Area Plan at its meeting on 5 December 2016. Council prepared the Area Plan for the site with input from the Buttaba Hills South Action Group, state agencies responsible for bushfire, water resources, Aboriginal land management and infrastructure, and following several flora and fauna studies.  The Area Plan provides guidance on development outcomes for the site.


For any enquiries about future development of the estate please contact:

Mr Colin Hutchinson

President

Buttaba Hills South Action Group

[email protected] 

+61 477 998 218

Consultation has concluded
  • Status of the Paper Roads in the Buttaba Hills South estate

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

    • Council has sought legal advice on the status of the Paper Roads, and it is the position of Council that the Paper Roads remain private subdivision roads which were never validly opened 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 undertaking to 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 in 2019 by lawyers acting for a member of the Landowner Reference Group did not add anything new to this understanding.

    • More recent legal advice received by Council in February and May 2020 by another law firm acting for a member of the Landowner Reference Group has not added anything new to the understanding of 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.

    27 July 2020 update

    A meeting of the Council established Landowner Reference Group was held to discuss additional legal advice provided by another law firm acting for a member of the Landowner Reference Group. This advice did not alter the status of the paper roads.

    17 August 2021 update

    A member of the Landowner Reference Group are currently supporting the legal process that will establish the legal ownership of the paper roads and permit the landowner group to follow through with purchase of the paper roads land.

    4 March 2022 update

    Progress is being made by solicitors acting for the descendants of Frank Halloran and solicitors acting for a member of the Buttaba Hills South Action Group regarding the NSW Supreme Court probate process to resolve the ownership of the paper roads land.

    The landowner reference group established by Council has been concluded. The Buttaba Hills South Action Group continues to meet regularly.


    Contact

    For any inquiries about the Buttaba Hills South Action Group, progress with legal processes and future development of the estate please contact:

    Mr Colin Hutchinson

    President Buttaba Hills South Action Group

    [email protected]

    +61 477 998 218

  • Landowner Reference Group - Update on the Paper Roads in the Buttaba Hills South estate

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    The Reference Group is an advisory body whose role will focus on matters associated with securing ownership of the paper roads in the Buttaba Hills South Paper Subdivision, in order that the landowner group can proceed to prepare a development application encompassing all land in the estate.

    Below is an update on the status of the unformed roads in the Buttaba Hills South Estate.

    • Council has sought legal advice on the status of the Paper Roads, and it is the position of Council that the Paper Roads remain private subdivision roads which were never validly opened 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 undertaking to 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 in 2019 by lawyers acting for a member of the Landowner Reference Group did not add anything new to this understanding.
    • More recent legal advice received by Council in February and May 2020 by another law firm acting for a member of the Landowner Reference Group has not added anything new to the understanding of 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.

    27 July 2020 Update

    A meeting of the Reference Group was held to discuss additional legal advice provided by another law firm acting for a member of the Landowner Reference Group. This advice did not alter the status of the paper roads.

    17 August 2021 Update

    A member of the Landowner Reference Group are currently supporting the legal process that will establish the legal ownership of the paper roads and permit the landowner group to follow through with purchase of the paper roads land.

    18 November 2021

    For any inquiries about progress with legal processes and future development of the estate please contact:

    Mr Colin Hutchinson

    President

    Buttaba Hills South Action Group

    [email protected]

    +61 418614544