Conargo
Shire
Council
Policy
Structures
within Road
Reserves
Date
Policy 8.3
12/12/2013
Version No
Minute No
1
Structures within Road
Reserves Policy
Policy No: 8.3
Date Reviewed: December 2013
Version: 1
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Conargo Shire Policy
STRUCTURES WITHIN ROAD RESERVES POLICY
1.0 Purpose:
Council as the delegated Road Authority for roads gazetted into its management has
the duty to ensure that private structures erected in, on, above or below the road
reserves are approved, meet the necessary standards to ensure safety and capacity
and ensure the community’s interest is not compromised.
2.0 Definitions:
In this policy:
Area means the Conargo Shire Local Government Area.
Road Reserve means any land that is dedicated or declared as public road and
gazetted into the control of Conargo Shire Council (including nature strips).
Nature strips means the section of the road reserve between the property boundary
and the edge of the road.
Permanent Structure means
• Any structure that is made from permanent materials such as reinforced
concrete, steel or brickwork.
• Requires significant (or of a capital works nature) structural and site
works.
• Is not easily removed and the disturbed area would be difficult to restore
Temporary Structure means it is any structure that is:
• required for the duration of construction associated with an approved or
exempt development activity or event.
• does not require significant (minor works nature) structural works
• easily removed and area easily reinstated
• Intended for short term erection only
Road Formation means the portion of roadway that extends from the outer batter to
outer batter on a rural road or extremity of the footpath to the extremity of the
footpath on an urban road.
Carriageway means the portion of roadway that can be generally used by vehicles,
e.g. from edge of shoulder to edge of shoulder in a rural area or from kerb to kerb in
an urban area.
3.0 Objectives:

To permit certain structures to be erected in, on, above or below road
reserves on a uniform basis in compliance with the Local government Act
1993 and the Roads Act 1993;
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Conargo Shire Policy






To ensure that private structures in, on, above or below road reserves are
approved for installation;
To ensure appropriate standards of design and construction are used;
To ensure the safety of the public when using the public road reserves is
maintained;
To ensure that responsibility for the ownership, construction and maintenance
of any structure is clearly defined;
To ensure the risk to Council is minimised;
To refuse structures that do not meet the requirements of this policy or the
relevant legislation;
4.0 Scope:
This policy applies to all of the following private structures in Road Reserves that are
deemed to be of a permanent nature:
 Stock Grids
 Fences (not including boundary fences)
 Gates
 Stock and Domestic Water Supply Lines
 Stormwater drainage structures
 Irrigation drainage structures (excluding Irrigation Company structures
covered by the CAAT agreement)
 Private access roads (including gateways)
 Landscaping
Structures that do not fit within this policy are structures that reside in, on, above or
below road formations that are controlled by other bodies such as State or Federal
governments or structures dealt with by other legislation such as boundary fences
etc.
If a structure requires a Development Application, then any consent issued will
include conditions listed in this Policy.
Any permanent structure that does not fit within this policy shall be dealt with on a
case by case basis by submission to Council for appropriate consideration.
5.0 Legislation
Consent to erect a structure on Road Reserves is covered under Sections 138 and
139 of the Roads Act 1993.
138 Works and structures
(1)
A person must not:
(a)
erect a structure or carry out a work in, on or over a public road,
or
(b)
dig up or disturb the surface of a public road, or
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Conargo Shire Policy
(c)
remove or interfere with a structure, work or tree on a public road,
or
(d)
pump water into a public road from any land adjoining the road,
(e)
connect a road (whether public or private) to a classified road,
otherwise than with the consent of the appropriate roads authority
139 Nature of consent
(1)
A consent under this Division:
(a)
may be granted on the roads authority’s initiative or on the
application of any person, and
(b)
may be granted generally or for a particular case, and
(c)
may relate to a specific structure, work or tree or to structures,
works or trees of a specified class, and
(c1) in relation to integrated development within the meaning of section
91 of the Environmental Planning and Assessment Act 1979 , is
subject to Division 5 of Part 4 of that Act, and
(d)
may be granted on such conditions as the appropriate roads
authority thinks fit.
6.0 Application Process
Applicants wishing to erect structures in, on, above or below road reserves (either
permanent or temporary) shall submit an application by completion of the Form “8.3A
– Road Opening Application and Approval” and payment of the Application Fee as
prescribed in Conargo Shire’s Annual Fees and Charges.
(Note: Payment of fees is non-refundable and application does not imply approval)
Upon receipt of an application Council staff will complete the register (Form 8.3B) to
record the application details and forward the application to the appropriate Council
officer for assessment. The register number shall be recorded on the application
form.
7.0 Assessment Process
Approval will be subject to the consideration and risk assessments undertaken by the
General Manager or his delegated officer to ensure Clause 3.0 of this policy is
adequately covered.
Refer the following flow chart for normal approval conditions. The General Manager
or his delegate may impose certain other conditions that are site specific for the
structure in question and these will be listed on Form “8.3A – Road Opening
Application and Approval”.
Once a decision has been made to approve or reject an application, the application
form should be signed and a copy sent back to the applicant. It should also be
saved into Infoxpert along with all relevant agreements or documentation with a
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Conargo Shire Policy
permanent retention date. The Infoxpert Document ID should also be recorded into
the register.
8.0 Associated Documents
Other internal documents associated with this policy include:
o
o
o
o
o
o
o
Form 8.3A – Road Opening Application and Approval
Form 8.3B – Road Opening Permit Register
Policy 8.1 – Stock Grid Policy
Extract from RTA Road Design Guide for Property Access
Conargo Shire Standard Drawing RCP1 (Pipes and Headwalls)
Standard Technical Clauses for Pipe and Headwall Installation
Landowner Agreements (Agreement to grant positive covenant and LPMA
Form 13PC Positive Covenant)
9.0 Appeal
Applicants may appeal the process by lodging an appeal in writing addressed to the
General Manager, clearly stating reasons and arguments why the application should
be approved.
Council will make a decision on the appeal and the Council resolution will be final
and binding.
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ASSESSMENT FLOWCHART
Road Opening
Application received
and Application Fees
paid.
Permanent
Structure.
Is it a Permanent
Structure or Temporary
Structure?
Stock Grid.
Standard Conditions apply
as well as conditions in
Stock Grid Policy 8.1.
Fence / Gate.
Is this a
replacement
of an existing
grid?
Yes.
Temporary
Structure.
General Manager or his
delegate to determine
approval/refusal of
application and specify
appropriate conditions.
No.
No approval
under the policy
(may be referred
to Council.
Other.
Stormwater
drainage.
Irrigation
Structures.
Standard Conditions apply + conditions
relating to Stormwater Drainage and
Irrigation Structures.
Private Access
Rds. (including
gateways).
Standard Conditions + Private Access or
Gateways Conditions + extracts from the
RTA Road Design Guide + Pavement
Design or Council standards.
Stock / domestic
water supply.
Standard Conditions + conditions relating to
Stock and Domestic Water Supply.
Landscaping.
Standard Conditions + Landscaping
Conditions.
Conargo Shire Policy
CONDITIONS OF APPROVAL
The following conditions of approval will apply to the relevant structure as detailed in
the flow chart above. However the General Manager or his delegated officer may
impose certain other conditions that are site specific.
Standard Conditions
Standard Conditions will apply to all applications that are approved.
1. Work cannot commence within the road reserve until approval has been given
and all pre-commencement conditions have been met.
2. Certificates of Currency of Insurance for Public Liability Insurance with a
minimum amount of $20,000,000 noting Council as an interested party on the
policy must be provided prior to commencement of works.
3. Traffic Control Plans shall be designed by an authorised / qualified person in
accordance with AS1742.3 and the Roads and Maritime Services “Traffic Control
at Worksite Manual” and submitted for approval prior to commencement of
works.
4. The road, including surrounding road reserve, shall be restored and kept restored
to a condition at least equal to that applying before any work is commenced.
5. Any damage caused to:
(a)
any property or person; or
(b)
any part of the road or public places including the road surfaces,
footpaths, kerbing, guttering, drains, gullies or other constructions vested
in or under the control of Council,
by reason of any work done by the Applicant shall be made good by the
Applicant to the satisfaction of Council and if the Applicant fails to do so then
Council may make good such damage and the cost incurred in so doing shall be
paid by the Applicant to the Council.
6. No action or activity shall at any time be done upon the land which shall create
nuisance, grievance, damage or disturbance of the occupiers or owners of the
properties adjoining the land.
7. The Applicant is the owner of the structure regardless of the structure type and
accepts responsibility for it and its repair and maintenance unless caused by
Council’s act, negligence or default.
8. Council reserves the right to demolish and remove all or any part of the structure
at any time without compensation to the owner if the land is required for public
use and if the owner fails to maintain the structure in a safe condition then the
cost will be borne by the owner.
9. Subject to Council approval of the structure, the owner is to contact all utility
authorities or other road authorities as may be required to seek and obtain
permission for the structure and comply with their conditions. Note; On all roads
that are the shared responsibility with Roads and Maritime Services, then Council
approval will be subject to any conditions that RMS apply.
10. As constructed drawings are to be submitted showing construction detail and
adequate information to enable the location of the structures if required.
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11. The Applicant is liable for and indemnifies Council against all losses, damages,
costs, expenses and other liabilities arising from or incurred in connection with:
(a) damage, loss, injury or death caused by the act of negligence or
default of the Applicant or of the Applicant’s employees and agents or
by faulty fittings or fixtures brought upon or affixed to the land by the
Applicant; and
(b) Council doing anything which the applicant must do under this
consent but has not done or has not done properly.
12. The Applicant releases Council from, and agrees that Council is not liable for,
any losses, damages, maintenance, costs, expenses or other liabilities arising
from or incurred in connection with:
(a) damage, loss, injury or death (including natural disasters) unless it is
caused by the Council’s act, negligence or default; and
(b) anything the Council is permitted or required to do under this consent.
Stock and Domestic Water Supply Conditions
1. All pipes to cross the road at right angles to the centreline of the road
2. All pipes are to have minimum clear cover over top of pipe of 800mm below
centre of road surface, 300mm below table drains and 600mm below the natural
surface elsewhere in the road reserve.
3. Pipes under 225mm diameter in size to be placed under a sealed road must be
under-bored for at least a width of 5 metres each side of the seal and trenching
will not be allowed.
4. Where trenching is approved, the trench shall be excavated to a minimum width,
sufficient only to lay the pipes. Backfilling is to be carried out in 150mm layers
and compacted to 100% standard density. A minimum 450mm layer of crushed
rock or approved gravel is to be placed in the top layers of the backfill to provide
a flush surface with the existing road. Sealing is to be reinstated to the
satisfaction of the Council’s Works Manager.
5. Reticulation pipes will not be allowed to be routed through stormwater or
drainage pipes.
6. A suitable sleeve must be placed as a conduit for the reticulated pipe, under the
road to extend at least to the width of the table drain each side of the pavement
and shoulders.
7. Clearly visible markers shall be erected either side of the road indicating the
exact location of the structure within the road reserve. The markers shall clearly
note the pipe contents.
Stormwater Drainage and Irrigation Structure Conditions
1. All structures that encroach in, on, above or below the carriageway of the road
must have a design submitted for approval, certified by a suitably qualified
person. (Deemed minor stormwater structures may be certified by the Council)
2. All structures below the carriageway must be designed to meet HML (Higher
Mass Limit) loadings in accordance with the appropriate Australian Standards.
3. All structures that impact on the carriageway must have a design suitable to allow
access for Restricted Access Vehicles such as B-doubles and Road Trains,
especially considering their turning pathways and axle loadings.
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4. Stormwater drainage pipes are to have concrete headwalls, wing walls and
aprons with a suitable cut-off wall. Single cell pipes greater than 750mm
diameter or multiple cell installations must have cast in-situ headwalls, wing walls
and aprons in accordance with Conargo Shire Standard Drawing RCP1.
5. Trenching, bedding, backfill and installations of drainage structures is to be in
accordance with the Conargo Shire Standard Specification or an approved
alternative.
6. In all cases adequate provision is to be made for satisfactory drainage of the
road.
7. Pipes under all roads shall be of sufficient length to contain the existing roadway,
batters and table drains, with a minimum pipe length of
 29.28 metres on all Regional, Primary Local and Secondary Local roads,
and
 21.96 metres on all other minor Shire roads
or as determined by site specific conditions.
8. Access along the roadway for normal traffic must be maintained at all times.
9. Pipes under 225mm diameter in size to be placed under a sealed road must be
under-bored and trenching will not be allowed.
10. All structures that exceed the Australian Standards for hazards (both above road
height and below road height) within the clear zone must have specifically
designed guard rails or barriers installed.
11. Where the Applicant applies to construct a permanent structure that will encroach
in, on, above or below the formation of the road the Applicant will, as a condition
of Council’s approval, enter into an Agreement to Grant a Positive Covenant in
favour of Council requiring the Applicant and his heirs, assigns and successors in
title to keep the terms of this Policy in respect of the structure and procure the
registration of such a Covenant in respect of the Applicant’s land. The
preparation of the agreement and preparation and registration of the Positive
Covenant, and the payment of the costs thereof by the Applicant will be a
condition precedent to the commencement of the work in respect of the structure.
12. For major works, or works of high risk, Council may require a bond or a bank
guarantee to cover the cost of default or reinstatement (determined by the
General Manager or his delegate), which will be refunded or released upon
satisfactory completion.
13. The applicant shall give at least 48 hours notice to Council before
commencement of any work.
Private Access Roads or Gateways Conditions
1. Private access that links to a Council Road must be constructed in accordance
with The Roads and Maritime Services standard access as defined in the RTA
Road Design Guide.
2. Special conditions applied will take into account the requirement for access of
Restricted Access Vehicles such as B-doubles and Road Trains and the design
amended accordingly.
3. All access onto a sealed road will have a sealed apron of minimum length (along
the centre line of the access measured from the edge of seal) of 5 metres.
4. Pavement design for the access will be determined on a site by site basis and
specified in the conditions by the Conargo Shire Director of Engineering.
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Conargo Shire Policy
5. In all cases adequate provision is to be made for satisfactory drainage of the
road.
6. Access will not be approved in areas of poor sight distance or areas that create
unacceptable risks.
7. These conditions will apply for all accesses associated with development or other
approvals.
Landscaping Conditions
1. Any fencing associated with the protection of landscaping works such as tree
plantings will not be considered under the normal fencing requirements in the
flow chart and is eligible for approval under these conditions.
2. Landscaping will not be approved where the landscaping will impact on the
roadway, drainage and safe sight distance. Due regard shall be given to the
future growth of plantings.
3. Approval will not be given in areas of narrow road reserves which may result in
future liability for the Council.
4. The approval for landscaping works will not entitle the applicant to exclusive use
of the road reserve.
5. Council reserves the right to remove the landscaping works at any time.
Review Date
This policy has a life of 4 years. It will be reviewed every 4 years.
Council Meeting Adoption Date: 12th December 2013
Next review: December 2017
Policy No: 8.3
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