Under the Local Government Act 1999, property owners are required to apply and seek authorisation from Council to make any alterations to public land, to Council's specification.
The following are a sample of activities that require approval:
- installing, extending and/or closing a driveway
- installing an electrical underground service from the source to the property boundary
- installing a new stormwater drain
- undertaking landscaping, installing an irrigation system and/or planting a tree on Council's verge
Helpful information before applying
The following fact sheets have been developed for you to consider prior to applying:
What the costs are
There is a non-refundable application lodgement fee of $43 which must be paid upon submission of your application. If an alteration to a Council trees is approved, additional fees may apply.
What you need to apply
- A copy of the original application form, with all relevant information completed, including a site plan with dimensions.
- Traffic Management Plan
- An application fee of $43 must be paid when lodging the application.
Works on Public Roads Frequently Asked Question
What is Council Land?
Council land includes roads, footpaths, verge areas and reserves.
What happens once Council receives an application?
Council will inspect the proposed site to confirm viability of the proposed works including safety and traffic requirements and existing infrastructure conditions.
If the application is approved, a letter will be returned to the property owner. If the application is not approved, Council will contact the property owner to discuss Council’s concerns.
Who can do the works?
Following approval, property owner/s or your contractors are allowed to undertake works within a public road to Council’s standards and satisfaction.
You can also request Council to provide you with a quotation for undertaking the following works:
- Concrete driveway invert (alterations to the concrete kerb and watertable, i.e. new, close and/or extend)
- Paved (ie interlocking pavers similar to pavers used on footpaths) or bituminised driveway crossover (area between property boundary and kerb i.e. new and/or extend)
- Steel stormwater drainage pipes (connection from property boundary to kerb)
Council's Schedule of Fees and Charges can be found here - City of Mitcham Schedule of Fees for 2018 2019(254 kb)
Do you need to provide a sketch or plan with your application?
Yes. Each application requires a clear, accurate sketch or plan submitted with your application of the proposed works. This provides clear information for Council to assess the proposed works and provides you with a quicker response.
How long prior to proposed works occurring do you need to make the application?
Whilst Council will attempt to process your application quickly, within 10 working days, you should apply four weeks prior to proposed works occurring.
What if there is a street tree located where you want to undertake works?
You must note this on your application form and the location on your sketch. There is some information provided in the fact sheets above. Please contact Council via email to email@example.com for further information.
What if you are undertaking a development and need to do works on Council land?
If a Development Application lodged with the City of Mitcham requires alterations to a public road (including road, footpath, verge area), some approvals may be obtained during the development assessment process.
Please contact Council's Planning and Development Department via email to firstname.lastname@example.org for further information.
What about the footpath works program?
Council will upgrade footpaths as part of its annual footpath works program. As part of this program, driveways may also be upgraded to ensure consistency and safety for pedestrians and footpath users.
During the footpath works program Council will reconstruct existing asphalt driveways in block paving at nil cost to the property owner, where the driveway/verge does not exceed 4.5m in depth.
In accordance with current Council Policy (Driveways 14.04) where the driveway/verge exceeds 4.5m in depth, then the cost of additional block paving work is to be met by the owner. The additional works can be coordinated and arranged through Council’s paving contract at the current competitive contract rate.
What if a property owner or contractor causes damage to Council Land?
All works not completed to the satisfaction of Council may be rectified by Council and all costs will be recovered from the property owner. Please see Damage to Council Land fact sheet for further information.
How do you determine the location where your property meets Council land?
If property owners wish to establish where their property boundaries are, they can engage a licensed surveyor to locate them prior to beginning plans/works.
What materials can't be used for landscaping on the Council verge?There are a number of materials that can be a possible hazard for road users and pedestrians including rocks, pebbles, bricks, garden edging, retaining walls and logs. These materials are not permitted to be used on Council verges.
I can't find Council's standard for the works I want to do in the fact sheets above, where can I get this information?Council have engineering details to assist residents, builders, developers and contractors with an understanding of Council's engineering standards when undertaking building and development works within the City of Mitcham. These details can be found here
Please note if you fail to gain approval and undertake any of the above works on Council land you may:
- Receive a fine
- Face potential legal liability
- Pay for any damage caused to Council infrastructure