Millthorpe Footpath Update

Following on from the recent A Current Affair story regarding Blayney Shire Council and the proposed renewal of a footpath in Millthorpe, we understand why members of the Blayney Shire community have questions.

You may wonder why Council wouldn’t accept an offer of money from a resident to repair a public footpath.

Does Council want to fix the footpath? Absolutely.

Is Council tight for money? Every Council is! Additionally, we acknowledge the community made it very clear during the special rate variation community consultation it expected Council to be diligent in the management of community assets and long-term financial impact of that management. 

Is there a reason why Council is against pavers being used? There are a number of reasons why asphalt is preferred, as outlined below.

But if the question, “Why doesn’t Council just take the money?” doesn’t set off alarm bells, then you need to think about that a little further.

Councils are the custodians of all of the community’s assets. Can you imagine if Local Government became a place where individuals were able to dictate the type of publicly owned asset they wanted on public land, outside their private property, regardless of what independent experts say? That is a very slippery slope and very dangerous precedent to set.

In case you missed it: The footpath surface adjacent to the Grand Western Lodge (GWL) Millthorpe, which is wholly within Council’s Road reserve, is currently bitumen and has been for the last 70-odd years (as confirmed by a local resident who has been in the area 80+ years). Council acknowledges it is time this surface is renewed. 

As part of a wider upgrade to the Millthorpe CBD, Council proposed to renew the footpath surface adjacent to the GWL, as a like for like replacement using asphalt.  

The footpath resurfacing around the GWL was only one part of a larger project, which included pedestrian, drainage, parking, and road improvements, most of which have been completed by Council.

In early 2025, Council delayed commencement of the footpath resurfacing works after GWL owner commenced legal proceedings in the Land and Environment Court of NSW, alleging a Development Application (DA) was required.

In June 2025, these legal proceedings were discontinued by GWL owner (the discontinuance was consented to by Council), and we confirm there are no current legal proceedings in relation to this matter.  

The GWL owner has offered: an upfront capital contribution for the footpath surface to be pavers and a 99-year insurance coverage.    

So why does Council prefer asphalt and not pavers?

1. Public Safety and Accessibility – The footpath is on a slope with a number of threshold levels (multiple doorways, gutter, utility pits, new pram ramp, grate drain and cellar door) that the footpath surface needs to align with. Asphalt is preferred as it provides greater flexibility to meet all of these varying threshold points.

A surface that integrates into all of these thresholds will make it easier for people who use wheelchairs, walkers, mobility scooters, and prams, and it reduces the risk of trip hazards.

Pavers are known to move, crack and break, and can create trip hazards through “lipping” when cut as required to achieve complex levels. Utility companies regularly slice through them (ironically, then patching with asphalt). See the included photos of pavers used in the City of Sydney. This is exactly what we don't want, and why asphalt is preferred.  

Images: examples of pavers which have cracked, been patched, or have access points in the middle

2. Liability – Ultimately, Council is responsible for any footpath under our control on behalf of our community.  There is no legal precedent for an external third-party person to indemnify a Council for liability on an ongoing basis (or for 99 years). What happens when the building is sold? What happens when the indemnification ends? Councils have to think long-term on behalf of ratepayers, who in the end, are the ones that carry the liability on behalf of our community, forever.   

Regardless, Council’s primary responsibility is to seek to prevent trips and falls, not to have someone else provide insurance and cover the bill if a member the public does get injured.

3. Heritage – Independent heritage experts NBRS, prepared a Heritage Impact Statement and confirmed that asphalt is preferred and pavers are unacceptable. Heritage NSW (who comment on and regulate the protection of State Heritage Items) also advised asphalt is an appropriate material for use.  

From a heritage perspective, if asphalt was not considered appropriate, given the importance of heritage to our community, Council would have looked to use an alternative product.

Millthorpe Railway Station is the only other State Heritage listed item within Millthorpe, and it has asphalt all around it. It is noted that during the station's most recent 2019 renovations (undertaken by Transport for NSW), the use of asphalt around the station was supported by a different independent heritage expert and Heritage NSW as a State Heritage Item.

Pavers are not (and have never been) used anywhere in Millthorpe, and this is a key heritage consideration in supporting the use of asphalt.

The bluestone kerb in Millthorpe is a critical heritage feature of Millthorpe and itself is a locally listed heritage item. The use of asphalt allows the bluestone to remain a key heritage feature within the village. If pavers were used, the prominence and importance of the bluestone kerb would be diminished.

4. Over the long term – In this instance, asphalt is considered a much more durable and flexible surface to meet the numerous level changes and enable longevity regarding maintenance and service access for repair over the long term.

These durability and maintenance benefits then provide superior financial performance for Council and our community over the longer term.   

Endorsement by Council: Council has been engaging with the community regarding this project over several years, and most recently took extensive time to carefully consider the most appropriate product to use for the footpath renewal.

Development of a MasterPlan for the Millthorpe village was endorsed by Council in 2022 after a series of community engagement sessions. A focus of the MasterPlan was for the village to have improved pedestrian access and safety whilst critically balancing the importance of heritage and not prioritising any one business or attraction.

The final scope for construction of the project, including the decision to use asphalt for the renewal of the footpath surface, was reported to the December 2024 Council meeting.

Legal Costs: When proceedings against Council are commenced, Council is required to allocate a budget estimate for legal services. Legal advice indicated these proceedings could cost in the vicinity of $150k. It would be irresponsible for Council not to reserve funds for a known court case.

$30k is the figure expended on legal services for the court proceedings; additionally, a further 150 hours of staff time were consumed, which could have been spent on other projects for our community.

So, what happens next? Council is currently focused on planning and preparing other 2025/26 projects throughout the shire, before refocusing on this project.

We will keep the community informed of when Council plans to proceed with the resurfacing of the footpath.  

Should you wish to discuss this matter further, please call Council on 6368 2104.