Public Space Occupation

Under the Local Government Act 1999, property owners are required to apply and seek approval from Council to occupy a section of a public road.

The following are a sample of activities that require approval:

  • erecting hoarding, temporary fencing or scaffolding on Council land
  • placing an industrial bin or building materials on Council land
  • activities that result in partial or full closure of footpaths or roadways, such as crane or truck deliveries

What the costs are

There is a non-refundable application lodgement fee of $45.90 which must be paid upon submission of your application.

What you need to apply

  • A copy of the original application form, including a plan showing dimensions of the area to be occupied.
  • An application fee of $45.90 must be paid when lodging the application.
  • Traffic management plan
  • Certificate of Currency showing a minimum AUD $10 million Public Liability Insurance

Public Space Occupation Application Form(231 kb)

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 occupation 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.

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 occupation 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.

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.

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