HomeMy WebLinkAboutWD-58-82 4
CORPORATION OF THE TOWN OF NEWCASTLE
PUBLIC WORKS DEPARTMENT R. DUPUIS, P. ENG., DIRECTOR
HAMPTON,ONTARIO TEL.(416)263-2231
LOB 1J0
987-5039
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF AUGUST 3, 1982.
REPORT NO. WD-58-82.
SUBJECT: PETITION FOR CONTROLLED PHYSICAL
CLOSURE OF THE ROAD ALLOWANCE
BETWEEN LOTS 24 & 25, CONCESSION
9, (FORMER) DARLINGTON.
RECOMMENDATION:
It is respectfully recommended:
1 . That Report WD-58-82 be received, and;
2. That the Petitioners for the closure of the road allowance
between Lots 24 & 25, Concession 9, former Township of
Darlington, be advised that the Town of Newcastle can neither
physically, or legally, close said road allowance, and;
3 That a copy of this report be forwarded to Mr. & Mrs. Weirstra,
as representatives of the Petitioners, and;
4 That Durham Region Police Force be advised of the concerns of
the area residents.
REPORT:
As a result of a Petition to Council on June 21 , 1982, the Town sought
the advice of the Solicitor in the request to erect a fence to prohibit
access into a road allowance; this was in order to prevent members of
the public from using and abusing the Municipal right-of-way, and, in
sodoin , causing g a ggravation and concern to area residents. It was
said that the installation of a fence, with a gate to permit legal ( '
entry to residents using the road allowance for access purposes, would
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resolve the situation. Council was, subsequent to the Petition,
advised that the legal ramifications of such prevention of access
must be established prior to the request being granted.
In a letter received on July 15, 1982, the Town Solicitor indicates
that:
1 . The Town cannot be selective with respect to whom it allows
to use it's roads. As public funds are expended annually to
provide some form of maintenance on the subject right-of-way,
the public in general is entitled to use same.
2. Insofar as legal closure of the road is concerned, such action
would eliminate access to the abutting properties, would deny
access to a public road, effectively land-locking the
properties,
and would make those properties in non-compliance with the
Darlington Zoning By-Law.
As a result of the foregoing, it is not recommended that the Town
proceed with either the physical or legal closure of the subject road
allowance.
i
Respectfully submitted,
R.G. Dupuis, P. Eng. ,
Director of Public Works.
UY 16, 1982.
Brady & McInerney D.J.D. S I M S, Q.c.
J.P. BRADY
BARRISTERS & SOLICITORS
JUL. 1 1"r
July 14, 1982
Mr. R. G. Dupuis, P. Eng. ,
Director of Public Works,
Corporation of the Town of Newcastle,
Hampton, Ontario.
LOB 1JO
Dear Mr. Dupuis:
Re: Petition for controlled physical
closure of the road allowance
between Lots 24 and 25 , Concession
9, in the former Township of
Darlington
Thank you for your letter of June 22nd,
1982. 1 have had an opportunity of reviewing the
petition and the applicable law.
I am of the opinion that the Town cannot
accede to the request to erect a fence and gate across
the road allowance in question. The open road allow-
ance is a public highway and by its very nature must
be available to all members of the public. As the
petitioners clearly state the purpose of the fence is
to control the vandalism, abandoned cars, planting of
marijuana and the general public doing down the road
allowance to have a party.
The only alternative to excluding the
public is to formally close the road allowance and to
convey it to abutting owners . This would remove access
to each of the properties by way of a public highway
and immediately bring the properties in non-compliance
with the Darlington Zoning By-law which requires access
to property by a public road.
117 KING STREET, WHITBY, ONTARIO LI N 4ZI BOX: 358 TELEPHONE: 668-7704
2
I hope the foregoing is of assistance
to you. Please do not hesitate to get in touch with
me should you have any questions.
Yours 6uly,
David J. D.Sims
DJDS:mrs
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