"A Guide to Public Place Provisions"
A Guide to Public Place Provisions A guide to the occupation of, or works within, a public place in Sutherland Shire ii Document Control Change Record Date Author Version Change Reference 10/06/2004 Angelo Donni 1 Release Version About this guide Public places are important areas that have been designated for community use due to their intrinsic features or the public purposes they provide for. Any work/activity within a public place and/or use of a public place are subject to consideration and approval under various legislation. eg. Environmental Planning and Assessment Act 1979, Roads Act 1993, Local Government Act 1993, Community Land Management Act 1989, Rural Fires Act 1997, Threatened Species Conservation Act 1995, Protection of the Environment Operations Act 1997, Real Property Act 1900, Conveyancing Act 1919. The purpose of this guide is to outline the requirements for and restrictions on any works and activities within a public place (as defined in the definitions). You should use this Guide, in conjunction with the relevant Required Information package for public place provisions, to complete your plans and other supporting documentation. If your application includes all the required details, we can deal with it without delay. Any Questions? If you need more information or advice, phone us on 9710 0333 or come in and speak to our trained staff at the Customer Service Centre. Our Customer Service Centre is located on the ground floor of our administration building at 4 – 20 Eton Street, Sutherland. The Centre's hours of operation are 8.30am to 4.30pm, Monday to Friday. What’s in this ‘guide’ ABOUT THIS GUIDE 1 What’s in this ‘guide’ 1 DEFINITIONS 2 DO I NEED TO OBTAIN AN APPROVAL? 4 CHECKLIST TO DETERMINE THE NEED FOR A PUBLIC PLACE ENQUIRY 6 Checklist 7 INFORMATION APPENDICES 8 Appendix 1 – Extract of Section 3.2.3 of AS/NZS2890.1 2004 8 Appendix 2 – Roads List 10 1 Last Updated 10 June 2004 Definitions Activity Means any work, action, occupation, loading or unloading undertaken within the Road Reserve to facilitate work within or adjacent to the Road Reserve. Carriageway Means the area within the public road reserve that is constructed for the use of the public and has as one of its main uses the driving or riding of motor vehicles. For a kerbed road, the carriageway extends from the face of kerb to face of kerb and for a sealed road, the carriageway extends from edge of seal to edge of seal. Complying Development Has the same meaning as in the Environmental Planning and Assessment Act, 1979. i.e. Local development that can be determined and approved subject to specified predetermined development standards and conditions. Drainage Easement Means an easement created under the Conveyancing Act 1919 that benefits Council for the purpose of controlling or conveying stormwater through the property burdened either above and/or below ground. The terms of the easement allows any authorised person to gain access for the installation, maintenance, repair or replacement of the drainage structures within the easement. Drainage Reserve Means a parcel of land set aside for the purposes of controlling and conveying stormwater from any natural source and may be either dedicated as a Drainage Reserve or held in fee simple by the Council. Driveway Means that part of the constructed vehicular access within the site from the property boundary to the car parking spaces and includes all passing bays, manoeuvring areas and turning heads. Exempt Development Means development that does not require development consent and has the same meaning as in the Environmental Planning and Assessment Act 1979. Footway or Nature Strip Means that part of the road outside of a carriageway that is set aside for pedestrian traffic and for the carriage of public utility services. The footway may contain a constructed footpath or be unformed. Hoarding/Hoarded Area A hoarded area is an area that is fenced off or separated from the public area in order to facilitate works or activities within the public place whilst maintaining safe and convenient access for the public. 2 Last Updated 10 June 2004 • An ‘A’ class hoarding is a structure of wire or wood usually 1.8m in height or greater. • A ‘B’ class hoarding is an overhead protective structure made of wood or steel that combines an elevated barrier with pedestrian access beneath. The ‘B’ class hoarding also incorporates an ‘A’ class structure adjacent the work area. Public Infrastructure Includes any building, structure, pavement, kerb, drainage structure surface formation, treatment or finish, or improvement within a public place. Public Place As defined in the Local Government Act 1993, a public place includes: • a public reserve, public bathing reserve, public baths or public swimming pool • a public road, public bridge, public wharf, public road-ferry or public boat ramp • a Crown reserve comprising land reserved for future public requirements • public land or Crown land other than: - a Crown reserve - a common - land that has been sold or leased or lawfully contracted to be sold or leased - land that is declared by the regulations to be a public place Public Reserve As defined within the Local Government Act 1919 (L.G.Act), a Public Reserve means a public park, land transferred to Council under S.340A of the L.G.Act, land dedicated as public reserve under S.340C and 340D of L.G.Act., S37AAA of Crown Lands consolidation Act 1913, S.76 of Crown Lands Act 1989, a Crown reserve, S.52 of State Roads Act 1986 and S.159 of the Roads Act 1993. Public Road Reserve Means any road that is opened, dedicated or declared to be a public road whether made or unmade, for general public use and generally designed to accommodate the movement of vehicles and pedestrians. The road includes a highway, street, lane, pathway, footpath, cycleway, thoroughfare, bridge, culvert, causeway, road-ferry, ford, crossing, bypass and trackway, and also includes the airspace above and soil beneath the surface of the road. Road Work Includes any kind of work, building or structure such, as a roadway, footway, bridge or tunnel, which is constructed or installed on or in the vicinity of a road for the purpose of facilitating the use of the road as a road, the regulation of traffic on the road or the carriage of utility services across the road and includes the construction, erection, installation, maintenance, repair, removal or replacement of a road work. Truck Zone Is a length of road delineated by truck zone signs set aside for trucks to drop off or pick up goods. 3 Last Updated 10 June 2004 Unmade Road Reserve Means a Public Road Reserve that does not contain a constructed carriageway for the use of the public for the driving or riding of motor vehicles. A road reserve is deemed to be unmade if it contains only an accessway that gains access to one or a limited number of properties. Vehicular Crossing Is that part of the constructed vehicular access to a site between the carriageway and the property boundary. The vehicular crossing is usually located within the footway or nature strip, however in the case of an unmade road, can extend from the constructed carriageway within the subject road or another road, along the road reserve to the property boundary. Do I need to obtain an approval? It should be noted that any work or activity in, on, or over a public place requires the approval of the appropriate authority. Your attention is drawn to the attached checklist with respect to the need to make a public place enquiry application. This schedule has been prepared in order to achieve the following objectives where relevant in regard to any work or activity within or adjacent a public place: • To protect the environment • To maintain the health, safety and convenience of the public • To minimise and adequately manage any interference to vehicular and pedestrian traffic • To protect the existing public infrastructure • To ensure the construction of public infrastructure complies with the requirements of the relevant Authority’s specification. • To protect the site’s ecological, scenic, heritage and cultural values. • To minimise the impact to any other user or user group of the public place. The following advice is provided to assist in achieving these objectives: Road Reserve The following activities are not permitted in road reserves:- • Place anything on the road reserve likely to injure, damage or interfere with the public/public infrastructure (Section 11.1 Roads Act Regulations) • Load or unload a vehicle that may cause damage (Section 11.1 Roads Act Regulations) • Drive a vehicle that may cause damage (Section 12 Roads Act Regulations) • Drive a vehicle that has caterpillar tracks (Section 13 Roads Act Regulations) • Damage to any tree or bushland area • Parking of vehicles or trailers on unmade roads The following activities/uses may be permissible in road reserves subject to the approval of the relevant Authority (approval may be subject to conditions):- • Construction of works eg. Road pavement, kerb and gutter, footpaths, steps, footpath crossings, stormwater drainage, public utilities and landscaping. (Section 139 – Roads Act) • Truck Zones – see Definitions (Section 139 – Roads Act) • Hoarded Zones – see Definitions (Section 139 – Roads Act) • Concrete Pumping (Section 139 – Roads Act) • Load or unload a vehicle by mechanical/hydraulic means (Section 139 – Roads Act) 4 Last Updated 10 June 2004 • Place a Skip Bin (Section 139 – Roads Act) • Excavation adjacent to a public road that may cause loss of support. (Section 91–Roads Act) • Prune or remove trees or bushland vegetation. (Section 139 – Roads Act) • Bush regeneration activities. • Storage of materials. • Bushfire hazard reduction works. Public Reserve The type of work or activities that are permissible in public reserves depends on several factors including whether there is an existing firetrail or road in the reserve, the classification and zoning of the land or whether a management plan applies. The following activities are generally not permitted in a public reserves:- • Placing any material or vehicle within the reserve. • The use or parking of private vehicles unless in a specified car parking area. • Any activity that will adversely impact on the site’s ecological, scenic, heritage or cultural values. • Any activity contrary to the plan of management for the reserve. The following activities/uses may be permissible in public reserves under the terms and conditions of a temporary lease or licence subject to Council approval: • Storage or transport of building materials or equipment required in relation to private building works if a road or fire trail exists on the land. • Use of the public place for a cultural event such as a concert. • Use of the public place for a sporting event. • Use of the public place for a private function such as a wedding ceremony or family gathering. • Use of the public place for commercial filming or photographic session. • The provision of public utilities and services including electricity & water supply. • Use of the reserve for the discharge of stormwater. • Bush fire hazard reduction works. • Bush regeneration activities. Drainage Easements/Drainage Reserves/Drainage Infrastructure • Private connections to Council stormwater drainage easements/reserves or any Council drainage infrastructure within are not permitted without prior approval from Council. • The location and manner of any private connection to Council stormwater drainage infrastructure is subject to Council approval. • Only one private stormwater connection to Council drainage infrastructure shall be permitted from an individual property/development site. • Any private stormwater connection to Council drainage infrastructure shall be from the lowest point of an individual property/development site. • The location of a private stormwater connection to Council drainage infrastructure shall be within the natural catchment and by the most direct route. • Private stormwater connections from one catchment to another are not permitted. • Private stormwater connections to Council drainage infrastructure shall be through gravity systems only. Pump out, charged or pressurised systems for disposal of stormwater are not permitted other than for basement carparks in multi unit developments. • The piping, modification and/or relocation of open stormwater drains, channels or creeks is not permitted without prior approval from Council. 5 Last Updated 10 June 2004 • The modification and/or relocation of piped systems and/or easements is not permitted without prior approval from Council. • Approval for the modification and/or relocation of drains, channels, creeks, piped systems or easements must be obtained from Council prior to preparation and submission of the documentation for the proposed activity or development application. • Modification and/or relocation of drains, channels, creeks, piped systems or easements shall be completed to the satisfaction of the Director of Engineering prior to issue of the construction certificate. • Only unpolluted stormwater may be discharged to Council drainage infrastructure. • The discharge of water from swimming pools or ornamental ponds to Council stormwater drainage infrastructure is not permitted. • Structures over drainage easements/reserves are not permitted without approval from Council. • Fences, landscaping or obstructions of any kind that interfere with access or the overland flow path are not permitted within drainage easements/reserves. • Any obstructions to a drainage easement/reserve shall be removed immediately at Council’s request. • The disposal of litter, debris, waste or the storage of any material within a drainage easement/reserve is not permitted. Checklist to determine the need for a public place enquiry The purpose of this checklist is to determine the need for an application and/or enquiry to ensure that the specific sections of the relevant legislation have been fully considered Assessment of proposals may require comment from relevant State Departments and utility service authorities. The completion of the checklist and subsequent Public Place Enquiry Application (where required) should occur prior to preparation of plans and documentation for the proposed activity, in order to minimise any waste of time and resources. Council’s Civil Assets Management branch within the Engineering Division will be responsible for dealing with these applications and enquiries. The checklist must be completed, signed and dated by the owner or their delegated representatives. Should there be “no” to all questions, a copy of the completed checklist must be included with any applications for the proposed activity. Note: if a vehicular crossing only is proposed, then an application for access levels must be made to Council prior to preparation of plans and documentation for the proposed activity. In the case of exempt or complying development, a copy of the completed checklist must be retained on site for the duration of the proposed activity and be produced if requested by an authorised Council officer. Should there be “yes” to any questions, a Public Place Enquiry application must be submitted to Council. A copy of the completed checklist must be included with the Public Place Enquiry application and both the checklist and subsequent Public Place Enquiry documentation must form part of any Development Application submission. 6 Last Updated 10 June 2004 Checklist Yes No 1. Does your proposal involve the construction of industrial or commercial development, residential development of 4 dwellings or more or torrens title subdivision of land resulting in more than 4 lots? 2. Do you intend to do works in, on or over the Public Place? Eg. Kerb and gutter, pavement, footpath works, stormwater pits, traffic facilities etc. Note: This does not include the situation where only a vehicular crossing is to be constructed or connection to a public utility is proposed. 3. Do you intend to use any part of the Public Place (this constitutes airspace over as well) to assist in the construction of your development? Eg. Loading/unloading, storage of materials, cranes, concrete pumps, hoardings etc. 4. If your site fronts any of the roads listed in Appendix 2, are you proposing to relocate your existing vehicular crossing or widen your existing layback/gutter crossing. Note: This question does not apply to exempt or complying developments. 5. Do you intend to access your site during construction through a Public Place (including waterways, public reserves, drainage easements & reserves, unmade road reserves etc)? Note: This does not include constructed road carriageways adjacent to the subject site. 6. Is the proposed access to the site within: • 30m of a roundabout; • 100m of traffic signals; • 10m of an intersection (see Appendix 1) 7. Is there a Council stormwater pipeline (not within the road reserve) or Council drainage easement or drainage reserve located in or adjacent to the site? 8. Is your activity likely to impact on any public area and in particular an area containing bushland, natural features, playground or sporting facilities? I …………………………..………. Verify that the information I have provided is true and accurate. (print name) Signature: Date: 7 Last Updated 10 June 2004 Information Appendices Appendix 1 – Extract of Section 3.2.3 of AS/NZS2890.1 2004 To keep conflicts between frontage road traffic and car park traffic to an acceptable minimum, the following requirements and recommendations apply: (a) Driveway Categories 1 and 2 At unsignalized intersections of sub-arterial, collector or local streets with each other or with an arterial road, access driveways in Categories 1 and 2 (see Table 3.1) shall not be located in the sections of kerb shown by heavy lines in Figure 3.1. This requirement shall not apply to accesses to domestic driveways in the kerb section opposite the entering road at any intersection including signalized intersections. Furthermore, it shall not apply to any access driveway serving a property which would otherwise be denied access due to the physical impossiblilty of meeting the requirement. At signalized intersections, the minimum distance from the intersection, measure from the property boundary along both legs, shall be increased as necessary to locate access driveways beyong the influence of normal queue lengths at the intersections. If this is not practicable, it may be necessary to provide:- (i) an arrangement which confines traffic to turning left when either entering or leaving the car park (ii) a signalised driveway with signals coordinated with the intersection signals; or (iii) other traffic management means of providing for safe and efficient operation of the driveways. (b) Driveway Categories 3 and 4 Driveways in categories 3 and 4 (see Table 3.1) shall not be located:- (i) on arterial roads unless entrances and exits are designed and constructed as intersection treatments catering adequately for all projected traffic flows: (ii) closer to intersections than permitted for Category 1 and 2 driveways (see Item (a)); (iii) opposite other developments generating a large amount of traffic, unless all projected traffic flows are provided for in a properly designed and constructed intersection treatment, including the installation of signals if necessary; (iv) where there is a heavy and constant pedestrian movement along the footpath, unless this can be adequately catered for by some form of positive control, e.g traffic signals; (v) where right turning traffic entering the facility would obstruct through traffic; or (vi) where traffic using the driveways will interfere or block the operations of bus stops, taxi ranks, loading zones or pedestrian crossings. Note: In these instances, it may be appropriate to move the bus stop or other facility, if this would result in the best overall design. Entry for left turning vehicles into driveways in Categories 3 and 4 should be gained by the first vehicular driveway reached, and by using the kerbside lane. Note: Guidance on capacity provision at entry and exits at large car parks is given at Appendix D. 8 Last Updated 10 June 2004 Notes: 1. Access to domestic driveways are excluded from the prohibition in respect of the kerb section marked Y-Y (see clause 3.2.3 (a)) 2. The points marked X1 and X are respectively at the median end on a divided road and at the intersection of the main road centre-line and the extensions of the side road property lines shown as dotted lines, on an undivided road. On a divided road, dimension Y-Y extends to Point Y1 DIMENSIONS IN METRES FIGURE 3.1 PROHIBITED LOCATIONS OF ACCESS DRIVEWAYS 9 Last Updated 10 June 2004 Appendix 2 – Roads List PRINCES HIGHWAY CAPTAIN COOK DRIVE – Taren Point Road to Gannons Road KINGSWAY – Princes Highway to Elouera Road TAREN POINT ROAD – Holt Road to Kingsway PORT HACKING ROAD – Princes Highway to Kingsway HEATHCOTE ROAD OLD ILLAWARRA ROAD – Menai Road to New Illawarra Road (roundabout at Barden Ridge) NEW ILLAWARRA ROAD – Old Illawarra Road to Heathcote Road (roundabout at Barden Ridge to Heathcote Road) ALFORDS POINT ROAD – Alfords Point Bridge to Menai Road MENAI ROAD – Alfords Point Road to Woronora Bridge RIVER ROAD – Woronora Bridge to Linden Street LINDEN STREET – River Road to Grand Parade GRAND PARADE/OLD PRINCES HIGHWAY – Linden Street to Acacia Road GARIE ROAD SIR BERTRAM STEPHENS DRIVE WATTAMULLA ROAD LADY WAKEHURST DRIVE FARNELL AVENUE AUDLEY ROAD McKELL AVENUE ACACIA ROAD BYPASS PRINCES HIGHWAY (Loftus to Engadine) 10 Last Updated 10 June 2004