3 May 2013 Presented By: Joanna Oborne Councils Powers and Obligations with respect to Driveways

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