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 use of 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. Generally 3 types of agreements are used:
- Sale of Land
Apply to use council land
Fees (non refundable and to be paid by applicant)
Processing of applications will not commence until the application administration fee of $70 is received by Council.
If the application is approved the following fees may be applicable and must be paid for by the applicant specifically relating to this application:
- Advertising ($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.
Process for Easements
- Application received (including survey drawings indicating the location and design of the easement)
- Application assessed by Land Management Committee &/or Council Officers.
- Design drawings reviewed by Stormwater Management Branch and development team.
- Compensation to Council for the burden of the easement on Council’s land negotiated - based on the valuation advise from an independent registered valuer (minimum compensation payable $5,000)
- If on Community Land the proposal will be advertised under section 47 of the Local Government Act 1993
- A report will be prepared for a Council resolution. Council has the sole discretion to approve the application
- Once approved Council’s legal officers commence preparing documents to finalise the Transfer.
- Applicant applies for access to the Council land to undertake works
- Certification of completed works provided to Council.
How long will be application take?
The process for a road closure typically takes 18 months.
Easement approval takes minimum of 4 months subject to individual criteria. 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.
- 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 firstname.lastname@example.org