Public Space Occupation
Certain activities associated with development sites require approvals separate from the "Development Approval" process. This includes any activity which is undertaken on public land. The following is a sample of the activities which require approval from the Council prior to the work commencing:
- Installing electrical services beneath a footpath;
- Installing stormwater pipes (drains) beneath a footpath;
- Placing an industrial bin or building materials on Council land;
- Erecting a hoarding or scaffold on Council land;
- Activities that obstruct footpaths or roadways, such as the placing of cranes or other plant equipment or the operation of a concrete pump;
- Protecting a building site / work area;
- Temporarily closing a road / footpath.
Please ensure that the Application Form and accompanying documentation are lodged with the Council at least five (5) business days prior to the relevant work commencing, so that the matter can be considered and approvals issued to avoid costly delays.
The Council wishes to take a co-operative approach to these issues, and will endeavour to issue approvals promptly. It should be noted however, that if the relevant approvals are not obtained, legal action may be taken for breaches of the Local Government Act, 1999 and similar legislation. Fines can be issued, and the progress of your building work may be affected.
Fees and Timelines
An application fee of $35.00 applies to all applications. Fees are to be calculated on the basis of $3.00 per square metre , per week or part thereof for the time which the occupation continues. A minimum fee of $30.00 per week will apply.
Applications received by the Council are considered within five (5) business days from the date that all required information has been lodged with the Council.
Terms and Conditions
When this Authorisation is issued:
- The Applicant agrees to comply with the General Conditions set out in this Authorisation;
- The Applicant agrees to comply with any Special Conditions which are set out in this Authorisation;
- The Applicant will pay the prescribed fees set out in the City of Charles Sturts Fees and Charges Register;
- The Applicant will provide a copy of all certificates which are required by either the General Conditions or Special Conditions of this Authorisation;
- The Applicant is only Authorised in respect to the Activity as specified in this Authorisation.
General Conditions of Authorisation
The Applicant agrees to indemnify and to keep indemnified and to hold harmless the Council, its servants and agents and each of them from and against all actions, costs, claims, damages, charges and expenses whatsoever which may be brought or made or claimed against them or any of them arising out of or in relation to the granting of this Authorisation.
Public Risk Insurance
The applicant agrees to indemnify and to keep indemnified the Council its servants and agents and each of them from and against all actions, costs, claims, damages, charges and expenses whatsoever which may be brought or made or claimed against them or any of them arising out of or in relation to the issuing of the authorisation.
The applicant shall take out and keep current a public risk insurance policy in the name of the permit holder insuring the applicant for the minimum sum of ten million dollars ($10,000,000) against all actions, costs, claims, damages, charges and expenses whatsoever which may be brought or made or claimed against the applicant in relation to the activity.
The applicant must provide confirmation of insurance to Council. Such a policy shall bear the endorsement of the Insurer indicating the Insurer accepts the indemnity given by applicant;
Disclosure & Evidence of Policy
The Applicant must not commence the Activity until evidence of the public risk insurance policy is given to the Council. The policy must bear the endorsement of the insurer indicating that the insurer accepts the indemnity given by the Authorisation Holder.
During the currency of this Authorisation the Applicant must comply with the applicable Environmental, Industry or health and safety standards in relation to the Activity authorised by this Authorisation. The Applicant must ensure that the Activity be conducted in a safe and responsible manner.
Authorisation Not Transferable
This Authorisation is NOT transferable.
Compliance with Statutory Requirements
- The Applicant must comply with and give all notices required by any Act of Parliament, ordinances regulations or by-laws relating to the activity;
- Wherever there is any cost involved in complying with the preceding requirement, the Applicant will be responsible for payment of those costs.
The Applicant will keep the Site free from rubbish and vermin at all times during the Term of Authorisation.
Five days prior to the Activity commencing the Applicant shall provide to the Council a satisfactory dilapidation report which records the state of the Council land and any improvements thereon.
Comply with Directions from Council Officers
The Applicant shall comply with any reasonable directions made a Council officer in respect to the Activity, or public safety or prevention/mitigation of damage to Council property.
Notification of Damage
- The Applicant must take all reasonable precautions to avoid damage to Council land and property or any other services provided in or about the Site. The Applicant must immediately notify the Council in the event of any damage to any Council owned property, water, gas, electric, telephone, any other service, roadway or footpath within the area or connected to the Activity;
- The Applicant will be responsible to reimburse the Council for all its reasonable costs to repair or rectify any damage caused as a result of the conduct of the Activity.
Lighting and Security of Licensed Area
The Applicant must ensure that the Site and hoarding are adequately illuminated between sunset and sunrise and that all appropriate barriers, barricades and warning devices are installed so as to protect the public from injury or damage
Requirement that Activity be Confined to Site
The License Holder must ensure that the Activity remains with the confines of the Site as specified on the plan provided to the Council together with the application.
Termination of Authorisation by Council
The Council may terminate the Authorisation at any time and for any reason in writing to the Authorisation Holder.
Expiry or Termination of Authorisation
On expiry of the Term or earlier termination of the Authorisation:
- the Applicant will be responsible for reinstating the Site to a standard acceptable to the Council;
- the Applicant is responsible for all costs incurred in reinstating the Site and removing all rubbish and other material from the Site;
- the Applicant will remove all rubbish and all other materials from the Site.
The Council will be entitled to terminate this Authorisation if the Authorisation Holder, having received notification of a breach of this Authorisation falls to remedy the breach within the time set out in this Notice.
This Authorisation will not be effective until the Applicant has received a copy of the Authorisation signed by the Council.
This Authorisation does not confer on the Applicant any exclusive right, entitlement or proprietorial interest in the land affected by the Authorisation.
Payment of Fees
The Authorisation, once issued to the Authorisation Holder, becomes valid only once payment for the outstanding Fees ("the Fee"), as shown and calculated, is made and has been processed by the Council. The Applicant is encouraged to contact the Council to ensure that Payments made, have been processed (Payments such as Credit Card Transactions or Cheques may, on occasion, be denied due to insufficient fund being available in the Authorisation Holders account).
Further information in relation to Public Space Occupany Authorisations may be obtained by contacting
the Council on 8408 1111.