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 enter into different types of agreements to enable the use of Council land, subject to the land classification and the proposed use of the land. Types of agreements commonly used include:
- Easement Rights
- Contracts for Sale of Land
- Telecommunication Towers
Apply to use Council land
Telecommunication Towers - Apply to use Council land
Fees (non refundable and to be paid by applicant)
Application administration fee $1,650 (including GST). Applications will not be considered until the application administration fee is paid. This fee covers Council Officers time to consider the matter and if supported, submit a report to Council for consideration.
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.
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)
How long will the application take?
Approval to Use Council land takes a minimum of 6 months. Council officers will advise applicant on a case by case basis if the application will take longer to obtain approval.
Easement approval takes minimum of 6 months. Constructions works cannot commence until the easement is registered on title.
The process for a road closure typically takes 18 months.
- 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.