Encroachments on Council road reserves

Council, as the owner and asset manager of the road reserves in the municipality, has a duty to ensure that the community's interest is not compromised by unauthorised enclosure or occupation of public roads by plantings, private buildings or other structures.

Where Council becomes aware of such occupation it will take steps to either have the encroachment removed, or to require the encroaching owner to enter into a suitable formal agreement for continued occupation.

Where appropriate, Council may consider an approach from the encroaching owner to purchase part of the road for an agreed price based on market valuation.

Council has a Policy for managing encroachments on Council road reserves.(PDF, 481KB) The objective of this policy is to ensure that an encroachment is either:

  • Removed, or
  • Subject to Council resolution or the delegated Authority of Council, is permitted to remain by the adjoining owner entering into an appropriate agreement with the Council to ensure public liability and public amenity issues are identified and managed, and that a community benefit results.

The policy requires that encroachments will be managed to ensure that there is no loss of public amenity or safety, that future plans for road realignment or footpaths are not compromised and stormwater drainage is not impeded, that the encroachment is the subject of a legal agreement and where appropriate, is registered on the property title, and that the adjoining owner indemnifies Council against any claim made in relation to the encroachment.

Encroachments will be evaluated for removal or possible retention according to their impact on the community interest.

Persons wanting to formalise their encroachment on Council road reserves must first complete and lodge an Application to formalise an existing encroachment on Council land(PDF, 193KB)

Relevant Legislation