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
 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


Local Government Land



By-law?
Property damage
Private road



Who has caused damage?
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