2016-09-06 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                       6 SEPTEMBER 2016


An unconstructed road is land that is dedicated to public use as a road, but does not contain a
road constructed to comply with Council’s Engineering Design Standards, for the use of the
public for the driving or riding of motor vehicles. A road is also deemed to be unconstructed if it
contains only a driveway access.
The Act places no obligation on Council to undertake the construction of a road simply because a
road reserve exists, or because it has been named. Similarly, Council is not obliged to repair and
maintain a road in its area that it has not constructed or previously maintained. A policy has
been developed to ensure that any requests for construction or maintenance of unconstructed
Council roads are managed in a consistent, transparent and sustainable manner, in accordance
with all relevant legislation.
When property owners require access from the formed part of the road to their property
boundary, the policy determines to treat the associated section of unconstructed road as a
driveway. Under Council’s Local Law No. 4, maintenance of a driveway access is the
responsibility of the property owner.
The proposed Policy also provides the option for such property owners to apply to Council to
construct the road to the relevant Council standard at their own cost. Subject to the issue of an
Operational Works Permit and construction of the road to Council’s satisfaction, Council would
then assume responsibility for the on-going maintenance of the road after expiry of a 12 month
maintenance and defects liability period.
Previous Council Consideration
Nil.

Finance & Risk
Council has adopted a zero based budget formulated on the basis of maintenance only of
Council’s constructed road network. In addition, the budget provides no funding for construction
of roads beyond the approved Capital Works Program. Under the Civil Liability Act 2003 a local
government will not be liable for failing to maintain a road that it has not constructed or previously
repaired or maintained. The adoption of this Council Policy will provide a key element in the risk
management framework in relation to unconstructed roads on public road reserves.
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
Director, Planning & Infrastructure
Governance Advisor
Departments/Sections Consulted:

       Chief Executive Officer                    Community Services                 Corporate Services
       Executive Officer to the Mayor & CEO       Community Facilities               Financial Services
       Executive Support                          Community Development              ICT
                                                  Libraries & Galleries              Procurement & Fleet
                                                  Local Laws                         Property & Facilities
                                                  Waste & Environmental Health       Revenue Services

       Executive Office                       X   Planning & Infrastructure
       Community Engagement                       Building & Plumbing Services
       Customer Service                       X   Civil Operations
       Economic Development                       Disaster Management
X      Governance                             X   Infrastructure Planning & Design
       Human Resources                            Planning & Environment
       Sustainability                             Strategic Land Use Planning



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