STRUCTURES OVER DRAINAGE EASEMENTS COMMUNITY - 117 by giv23807

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									Date Adopted                    18 August 2009




                                                                                                                             POLICY
To be Reviewed                  August 2014



POLICY TITLE                    STRUCTURES OVER DRAINAGE EASEMENTS
POLICY NUMBER                   COMMUNITY - 117




                                                                                                                             POLICY
PURPOSE

         To provide criteria to consider applications for construction of works over Council’s drainage easements and
         drainage reserves.



POLICY IN EXPRESSED TERMS




                                                                                                                             POLICY
         Council is the primary drainage authority within the Shire of Campaspe, and is responsible for both major and
         minor drainage systems comprising underground and above ground drainage systems. Where drainage
         infrastructure and/or overland flow paths exist outside of road reserves they are usually located within
         easements or reserves in favour of Council. On occasions Council is approached by residents, developers
         and landowners, with requests to approve the construction of structures that would be located within
         Council’s drainage easements or drainage reserves.




                                                                                                                             POLICY
         The Building Control Act and its regulations requires that applications for the construction of structures over
         drainage easements and reserves be made to the Municipal Building Surveyor. The Municipal Building
         Surveyor then will consult with the Assets & Road Services Manager to determine whether approval should
         be given in accordance with the provisions of this policy.

         Council, through its Municipal Building Surveyor, may issue approval for the construction of physical works
         over Council’s drainage reserves and easements provided it is satisfied that there will be no detrimental
         impact of the existing or future operation of the drainage system and the maintenance of such system.




                                                                                                                             POLICY
         Further the Council must be satisfied that it will not incur any additional costs should there be a need to
         remove any physical works across its drainage easement or reserve.

         Council is not obliged by this policy to issue any approval for the construction of physical works across its
         drainage easements and reserves although landowners may refer a matter to the Buildings Appeal Board for
         determination.

         Persons wishing to construct physical works over Council’s drainage easements and reserves must make

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         application to the Municipal Building Surveyor on the prescribed form and pay the prescribed fee as required
         by the Building Control Act and its regulations. Such application must be accompanied by:

         1.     Plans drawn to an appropriate scale and detail indicating the proposed works and their position in
                relation to Council’s drainage easements, reserves and existing drainage infrastructure.

         2.     Drainage calculations prepared by a suitably qualified drainage engineer to the satisfaction of
                Council’s Engineering Design Services Department verifying that the function and capacity of the
                                                                                                                             POLICY


                drainage system is not compromised by the works.

         3.     Structural certification by an appropriately qualified structural or drainage engineer to the satisfaction
                of Council’s Engineering Design Services Department verifying that the works shall not impact upon
                the structural integrity of the drainage infrastructure where appropriate.

         4.     Plans for applications for works on easements or reserves that contain overland flow paths must
                show existing and proposed surface levels to the satisfaction of the Council’s Engineering Design
                Services Department. This information is to be provided by an appropriately qualified experienced
                                                                                                                             POLICY




                surveyor. Once the works are completed “As Constructed” levels are to be provided to the
                satisfaction of Council’s Engineering Design Services Department.

         5.     Any other information required by the Building Control Act and its regulations.


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Date Adopted                       18 August 2009




                                                                                                                                               POLICY
To be Reviewed                     August 2014



POLICY TITLE                       STRUCTURES OVER DRAINAGE EASEMENTS
POLICY NUMBER                      COMMUNITY - 117




                                                                                                                                               POLICY
         Any approval to allow the construction of physical works over any Council easement or drainage reserve will
         be subject to the landowner/applicant being prepared to enter into a S173 Agreement with Council or
         Agreement by Covenant, protecting Council against additional costs due to removal, reinstatement or
         replacement of non-Council structures, and maintaining Council’s right to withdraw the approval should the
         structure be deemed to be inappropriate at a future time or for any reason whatsoever. The agreement will
         specify that Council can require the landowner to remove the structure within a reasonable time being notified
         in writing to do so. All such works shall be at the cost of the landowner. Failure to carry out Council’s request
         within the prescribed time will enable the Council to carry out the works at the cost of the landowner. Council




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         will cause the agreement to be prepared if approval is given and the cost of preparing the agreement shall be
         borne by the applicant.

         Council delegates the approval of applications to its Municipal Building Surveyor subject to:

         1.      Consultation with the Assets & Road Services Manager and Council’s Engineering Design Services
                 Department.




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         2.      The works being designed and constructed to be non-load bearing on any drainage infrastructure

         3.      Access to the drainage infrastructure being provided for repair, maintenance and other operational
                 reasons in an appropriate manner,

         4.      Any overland flow paths being maintained.




                                                                                                                                               POLICY
PHILOSOPHY UNDERLYING THE POLICY

         Council needs to protect and maintain its drainage infrastructure and ensure its drainage easements and
         drainage reserves are not adversely impacted by development so that appropriate drainage to areas is
         maintained.




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REVIEW PERIOD                                                           RESPONSIBLE OFFICER

         Five Years                                                                 Assets & Road Services Manager



APPROVED
                                                                                                                                               POLICY


         Adopted         21 October 2008                                            Minute Book Reference No 12868 (item 9.5)
         Revised         18 August 2009                                             Minute Book Reference No 14208 (Item 9.1)



         Chief Executive Officer         ...................................................................................................
                                                                                                                                               POLICY




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