3 May 2013

Presented By: Joanna Oborne

Councils Powers and Obligations with respect to

Driveways

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

Landowner – only with section 221 authorisation

Penalties for altering a public road: Section 221 Section 233

Council’s obligations

Minimise known risks avoid claims of negligence

What if damage due to action of Council? Obligation to repair Section 218?

What if damage due to property owner?

Section 218 Section 213 Section 233

Section 218: Procedure

Sections 255 – 258: Threat to life or immediate threat to public

safety?

Notice of intention to make an order

Opportunity to make representations

Consider representations made

Rights of appeal to the District Court

Non-compliance: offence

Non-compliance: Council may carry out works and recover costs

Steep driveways

Was the driveway approved?

Was the driveway constructed as approved?

No - section 218 - carry out works and recover

costs: section 213

Yes - Negotiated contribution – section 213

Drainage

Who is responsible for pipes beneath driveways?

Was the driveway approved?

Was the driveway constructed as approved?

Service roads

Legal status of the road

Public road Who has caused damage?

Local Government Land By-law? Property damage

Private road Section 212(3) – require agreement of owner Section 216 – order owner to undertake works

Private land Section 212(3) – require agreement of owner

Vegetation

Vegetation on road reserve Section 221 permit Native vegetation?

Vegetation within landowner’s land Section 254 order Section 299 order