Buttaba Hills South Paper Subdivision 2019

The Buttaba Hills South Paper Subdivision consists of 120 residential 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 infrastructure such as roads, drainage, water, sewer, communications and electricity. The land also has high biodiversity values.

Council has received Expressions of Interest (EOI) from landowners in the Buttaba Hills South Estate and established a Landowner Reference Group. The Group will work with Council to assist all landowners to secure the 'paper roads', which is necessary before the submission of a development application by all landowners.

Area Plan background

Council adopted the Buttaba Hills South Area Plan at its meeting on 5 December 2016 and it became effective on 6 January 2017. Council prepared the Area Plan for the site with input from the Buttaba Hills South Action Committee, state agencies responsible for bushfire, water resources, Aboriginal land management and infrastructure, and following several flora and fauna studies.

The Buttaba Hills South Paper Subdivision consists of 120 residential 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 infrastructure such as roads, drainage, water, sewer, communications and electricity. The land also has high biodiversity values.

Council has received Expressions of Interest (EOI) from landowners in the Buttaba Hills South Estate and established a Landowner Reference Group. The Group will work with Council to assist all landowners to secure the 'paper roads', which is necessary before the submission of a development application by all landowners.

Area Plan background

Council adopted the Buttaba Hills South Area Plan at its meeting on 5 December 2016 and it became effective on 6 January 2017. Council prepared the Area Plan for the site with input from the Buttaba Hills South Action Committee, state agencies responsible for bushfire, water resources, Aboriginal land management and infrastructure, and following several flora and fauna studies.

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

    5 months ago

    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.
    • Recent legal advice provided by lawyers acting for a member of the Landowner Reference Group has not added anything new to this understanding.

    Once all descendants of Mr Halloran have been identified, an application can be made by the solicitor for the descendents to the Supreme Court, seeking 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.

    As there is currently no new information it is considered that holding another meeting of the Reference Group is not warranted at this time. As soon as there is new information or progress, Council staff will inform the Reference Group and schedule a meeting to discuss.






    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.
    • Recent legal advice provided by lawyers acting for a member of the Landowner Reference Group has not added anything new to this understanding.

    Once all descendants of Mr Halloran have been identified, an application can be made by the solicitor for the descendents to the Supreme Court, seeking 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.

    As there is currently no new information it is considered that holding another meeting of the Reference Group is not warranted at this time. As soon as there is new information or progress, Council staff will inform the Reference Group and schedule a meeting to discuss.