Councils Powers and Obligations with respect to Driveways

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Councils Powers and Obligations with respect to Driveways. 3 May 2013 Presented By: Joanna Oborne. Ownership. Ownership of driveway runs with property boundary Council owns portion of driveway within the road reserve. Who can carry out works?. Council – sections 208 and 212
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Councils Powers and Obligations with respect to Driveways3 May 2013Presented By: Joanna OborneOwnershipOwnership of drivewayruns with property boundaryCouncil owns portion of driveway within the road reserveWho can carry out works?Council – sections 208 and 212Landowner – only with section 221 authorisation Penalties for altering a public road:Section 221Section 233Council’s obligationsMinimise known risksavoid claims of negligenceWhat if damage due to action of Council?Obligation to repairSection 218? What if damage due to property owner?Section 218Section 213Section 233Section 218: ProcedureSections 255 – 258:Threat to life or immediate threat to public safety? Notice of intention to make an orderOpportunity to make representationsConsider representations madeRights of appeal to the District CourtNon-compliance: offenceNon-compliance: Council may carry out works and recover costsSteep drivewaysWas the driveway approved?Was the driveway constructed as approved?No - section 218 - carry out works and recover costs: section 213Yes - Negotiated contribution – section 213DrainageWho is responsible for pipes beneath driveways?Was the driveway approved?Was the driveway constructed as approved?Service roadsLegal status of the roadPublic roadWho has caused damage?Local Government LandBy-law?Property damagePrivate roadSection 212(3) – require agreement of ownerSection 216 – order owner to undertake worksPrivate landSection 212(3) – require agreement of ownerVegetationVegetation on road reserveSection 221 permit Native vegetation?Vegetation within landowner’s landSection 254 orderSection 299 order
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