Application for Private Use of Road Reserves and Nature Strips

Examples:
• Hoardings for building works or temporary rock or ground anchors.
• Temporary barriers
4. Requirements for Permanent Structures
A permanent structure that is not an existing encroachment will require the
lodgement of a Section 139 application to Council together with the payment
of relevant fees for processing and the assessment of the application as set
out in Council’s Fees and Charges.
Any works that are considered by Council to be a permanent structure will
require the submission of detailed drawings or structural engineering plans
depending on the nature of the work.
Council will, where appropriate consider issuing consent under Section 139 of
the Roads Act 1993 for the occupation of a permanent structure on the road
reserve subject to:
• A specific application being made to Council with the application fee as
set in Council’s fees and charges
• An application form for Consent under Section 139 of the Roads Act
1993 as attached to this Policy in Appendix 1.
• That should Section 139 consent be granted to the applicant for the
subject property, the applicant must comply with all covenants and
conditions at all times otherwise this consent will deemed to be
withdrawn by Council.
• Standard conditions for Consent under Section 139 of the Roads Act
1993 are attached to this Policy as Appendix 2.
• The standard conditions of this Consent may be varied as required by
Council as Roads Authority for each individual site as required.
• The structure must be maintained for the life of the structure to the
satisfaction of Council by the owner of the property benefiting from the
structure.
• Council reserves the right to demolish and remove all or any part of the
structure at any time without compensation to the owner if the land is
required for public use and if the owner fails to maintain the structure in
a safe condition then the cost will be borne by the owner.
• Subject to Council approval of the structure, the owner is to contact all
utility authorities to seek and obtain permission for the structure and
comply with their conditions.
Applications for a permanent structure on the road reserve will be
advised to the Ward Councillors. Ward Councillors have ten (10)
working days following notification of the application for a permanent