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Councils Powers and Obligations with respect to Driveways

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 Driveways

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  1. Councils Powers and Obligations with respect to Driveways 3 May 2013 Presented By: Joanna Oborne

  2. Ownership Ownership of driveway runs with property boundary Council owns portion of driveway within the road reserve

  3. 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

  4. 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

  5. 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

  6. 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

  7. Drainage Who is responsible for pipes beneath driveways? Was the driveway approved? Was the driveway constructed as approved?

  8. 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

  9. Vegetation Vegetation on road reserve Section 221 permit Native vegetation? Vegetation within landowner’s land Section 254 order Section 299 order

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