The following guidelines must be read prior to submitting your application to use Council land.
Types of Council Land that can be used by the public under agreement
Council can provide approval to use Council Land under agreement to adjoining property owners for different types of land including:
- Road (formed or unformed)
- Easements (eg drainage reserve and right of carriageway)
- Land/airspace adjoining your property.
Types of agreements
Council can issue different types of agreements for use of Council land subject to the classification and proposed use of the land. Types of agreements are used:
- Sale of Land
Apply to use council land
Fees (non refundable and to be paid by applicant)
Application administration fee $1,500 (Processing of applications will not commence until the application administration fee is received).
If the application is approved the following fees may be applicable and must be paid for by the applicant:
- Advertising costs + 5% (approx. $300)
- Application and license fees to access Reserves (when undertaking works)
- Road closure fees payable to the State Government (approx $890)
- Valuation fees (approx $900 - $1,500)
- Council’s Legal fees (approx $3000)
Other applicable costs for Road Closures
- a search being made to ensure that no public authority has any services within this area. If those services exist, evidence must be produced to indicate what the authority(s) wish to do with their services (easement/relocation);
- a Development Application being submitted if the applicant wishes to construct any building works or alter the ground level within the subject land.
How long will the application take?
The process for a road closure typically takes 18 months.
Easement approval takes minimum of 6 months. Council officers will advise applicant on a case by case basis if the application will take longer to obtain approval. Constructions works cannot commence until the easement is in place.
Compensation costs for Drainage Easements
Compensation to Council is determined using the following calculation (as adopted in Council's Schedule of Fees and Charges).
Development costs over $5m: by negotiation
Development costs under $5m: estimated cost of development (from DA) x 1.5% + ($100 x lineal metre of easement)
- The applicant will be responsible for resolving any objections to the proposal (note the application will be advertised for the information of the general community and seeking comment).
- Any structure over or under the road reserve requires the initial approval of Council’s local roads authority.
- Approvals for road closures - Council does not guarantee the success of any road closure application as ultimate approval for road closures rests with the State Government authority in its capacity as owner of the land)
- Council’s Policy for the Release and Relocation of Drainage Easements must be abided by and a copy can be provided on requested.
- Access to Council reserves, drainage channels, culverts etc must be arranged through Park Assets. Separate fees and conditions apply.
Enquiries can be directed to Property Service on 9710 0333 or email@example.com