Undertaking work in a road reserve

How to apply

If you need to undertake work that impacts a road reserve you may need to apply for permission to do so. Please use the Roads - application to undertake work within the road reserve form.

Relevant fees can be found in our fees and charges online application.

Criteria

In deciding whether to grant a permit, Council will have regard to the following:

1.1 Whether the proposed use will unduly interfere with the proper use of a road;

1.2 Physical suitability of the road or footpath for the proposed use;

1.3 Number of similar uses as the proposed use in the vicinity;

1.4 Likelihood of the proposed use causing nuisance, inconvenience or annoyance to the occupiers of adjoining land, vehicular traffic and or pedestrians;

1.5 Likely effect of the proposed use on the amenity of the surrounding area;

1.6 Likely effect of the proposed use on the local environment and any possible pollution, including visual pollution or any other environmental damage;

1.7 Other factors that may be relevant in the circumstances.

Traffic planning

Where works affect pedestrian or road traffic, a Traffic Control Plan must be completed and submitted. The Plan must:

  • Use an acknowledged Computer Aided Design system
  • Be prepared by a competent person and include evidence of relevant qualifications
  • Be made to scale
  • Include a drawing number
  • Be in colour (preferably)
  • Detail approved signs complying with the Transport and Main Roads Manual of Uniform Traffic Control Devices Part 3 – Works on Roads (Reference: www.tr.qld.gov.au “Atlis” program for a better appreciation of road layouts and distances).

Conditions of permit

The applicant is required to comply with the following conditions and specifications as part of the permit to work within the road reserve (if the permit is granted). If there is more than one applicant, all of the applicants are jointly and severally bound by the conditions of the permit. The permit may contain additional conditions and if it does, those additional conditions will apply to the exclusion of the conditions below, to the extent of any inconsistency.

9.1 If the applicant is a body corporate or a partnership, the applicant authorises the person named as the Contact Person in Section 2 of this application to act on the applicant’s behalf.

9.2 The permit takes effect when granted or, if later, at the earliest time on the earliest date specified in Section 3 of this application as a date of the proposed works or the alternate date specified in the permit itself.

9.3 The permit lapses on the earliest of:

• the completion of the work authorised by the permit; or
• the last time on the last date specified in Section 3 of this application as a date/time of the proposed works; or
• the date specified in the permit itself; or
• the expiry of the professional indemnity insurance policy mentioned in Section 6 of this application (unless proof of renewal is provided to Council); or
• Council cancelling the permit due to a failure to meet the conditions of the permit.

9.4 If the permit lapses, the applicant is not released from liability for not meeting any outstanding obligations.

9.5 Subject to any conditions on the permit, the applicant must ensure that the works are carried out strictly in accordance with the information submitted to Council in or accompanying, or in connection with, this application.

9.6 The applicant will minimise obstruction and inconvenience to the public. The applicant will not carry out the work at a time or in a manner that will cause undue inconvenience to the public.

9.7 The applicant will pay the application fee, noting that payment does not constitute permission to undertake the work. If permission is granted, a permit will be issued covering the work.

9.8 The applicant will locate all existing services in the work vicinity prior to commencement of works and comply with the requirements of Ergon, Telstra and Council for work adjacent to lines/cables/services and service pits.
The applicant will check with “Dial Before You Dig” (www.1100.com.au or telephone: 1100) and obtain the accurate location of services. Subject to the proximity of the services, service providers may require representatives on site, prior to the commencement of excavation. The permit does not constitute permission to connect to Council’s pits and underground services. The applicant must obtain written permission from Council prior to the connection to Council’s pits or other underground drainage system.
The applicant will be liable for all damage to existing services.

9.9 The applicant is solely liable for and hereby indemnifies and saves harmless Council from and against all liability, actions, claims, penalties, losses, damage and expense which may be incurred by or brought against or made upon Council or which Council may pay, sustain or be put to by reason of, or arising out of or in the course of or in connection with either directly or indirectly:

• the exercise by the applicant of its rights under the permit to work within the road reserve; or
• a negligent, wilful or wrongful act, omission or conduct of the applicant or of anyone for whom the applicant is responsible (including an employee, agent or contractor of the applicant); or
• the applicant or anyone for whom the applicant is responsible (including an employee, agent or contractor of the applicant) being on the road reserve under or purportedly under the authority of the permit; or
• the granting of the permit; or
• the imposition or enforcement, or non-imposition or non-enforcement, by Council of any conditions of the permit.

This indemnity extends to liability, actions, claims, penalties, losses, damage and expense in respect of:
• personal injury or death; and
• damage to or loss of property; and
• economic loss; and
• every other kind of liability, actions, claims, penalties, losses, damage and expense including consequential losses.

This indemnity applies not only to a liability, action, claim, penalty, loss, damage or expense asserted or enforced or claimed against Council by a third party, but also to one asserted or enforced or claimed against Council by the applicant and by anyone for whom the applicant is responsible (including an employee, agent or contractor of the applicant). The applicant releases Council from any liability, action, claim, penalty, loss, damage or expense covered by this indemnity.

9.10 The applicant will ensure that pedestrian and vehicular traffic is controlled in accordance with Transport and Main Roads Manual of Uniform Traffic Control Devices Part 3 - Works on Roads.

9.11 The applicant will notify all emergency services (including Police, Fire and Ambulance), bus and taxi operators and garbage collection providers as appropriate, prior to commencement of the proposed works.

9.12 If relevant to the work carried out, the applicant must install scaffolding at the proposed work site strictly in accordance with the manufacturer’s specifications.

9.13 If relevant to the work carried out, the applicant must ensure that the scaffolding does not encroach within the kerb line and risk the safety and movement of vehicles in the adjacent transit lane.

9.14 The applicant will install a barrier adjacent to the proposed construction between the work site and the public. The barrier is to be continuous and be capable of safely containing all building materials within the work site and prevent public use and access.

9.15 The applicant will take all reasonable precautions and measures to ensure pedestrian and vehicular safety including, but not limited to, barricades, safety lighting, warning devices and other approved means of providing for adequate pedestrian and vehicular access.

9.16 The applicant will ensure that access is maintained at all times to all existing Council and other services including, but not limited to water valves, fire hydrants, manholes and access pits.

9.17 Prior to a temporary closure, the applicant will provide written notice to all adjoining or affected property owners and if requested, provide a copy of closure documentation. Access to these properties or businesses is to be maintained at all times unless otherwise agreed to by the property owners.

9.18 The applicant will ensure that water usage on the work site is in accordance with Council’s directions and Council’s water restriction provisions at all times (Permanent conservation measures are now in place and you may be required to use an alternate water source, ie. bore water or rainwater for some activities).

9.19 The applicant will be responsible for the cleaning of all roadway and adjacent buildings/property affected by the works.

9.20 The applicant will have the permit for this work available for inspection on demand by authorised persons.

9.21 The applicant warrants that all plant and equipment used in conjunction with the works will be used strictly in accordance with the manufacturer’s specifications.

9.22 The applicant acknowledges and accepts that “completion” means removal of all hoarding and footpath closure devices and resumption of normal road and footpath conditions.

9.23 The applicant will comply with its legal obligations, including but not limited to the provisions of the Workplace Health and Safety Act 1995, the Environmental Protection Act 1994, Traffic Management for Construction or Maintenance Work Code of Practice 2008, local laws (including but not limited to Subordinate Local Law 1.15 (Carrying Out Works on a Road or Interfering with a Road or its Operation) 2011, separate Council Approvals and Consents and relevant Contracts. The applicant accepts that the permit does not relieve the applicant or the applicant’s employees, agents or associates of these legal obligations.

9.24 At the relevant time, the applicant will reinstate the work site to its original condition at no cost to Council. The applicant will ensure that reinstatement is completed within seven (7) days of the work being completed. If damage results in a safety issue, then repairs are to be undertaken immediately or as directed by Council.

9.25 The applicant will pay all costs and expenses associated with repairs and reinstatement work due to the implementation of the requirements of the permit.

9.26 If possible, the applicant will ensure that a footpath width of two (2) metres is maintained at all times for pedestrian access. No section of the barrier or construction materials shall encroach in this clear footpath area for the duration of the works.

9.27 The applicant warrants that if work relates to the installation of bait stations within the footpath they are to finish exactly flush with the footpath surface. Any surface breakage or chipping around the stations shall be reinstated with surfacing as directed by Council. An “As Constructed” A3 plan to scale, with recoveries is to be provided to Council upon completion of the works, accurately locating each bait station within the footpath. The applicant will provide a written acknowledgement and acceptance to Council that the care and maintenance of the bait stations will remain the ongoing responsibility of the applicant and/or their client.

9.28 If the works is proposed to be located on a designated State-controlled road, the applicant is required to obtain the relevant approvals from Transport and Main Roads. Prior to commencing work please contact the Inspector on telephone 4639 0746. Transport and Main Roads is likely to require at least 14 working days’ notice.

9.29 The applicant will not interpret the conditions of the permit by Council as an approval by the Transport and Main Roads or any other government department or service authority. Likewise, Transport and Main Roads or other approval shall not be interpreted as Council’s permission.

9.30 The applicant will obey any and all Police directions.

9.31 If requested by Council, the applicant will forward a copy of its daily diary in relation to the works to Council for the duration of the works. The diary must note the location, time of erection and removal of roadwork signage along with any incidents and weather conditions.

9.32 The applicant will not undertake works during peak periods on high volume roads and urban areas as defined by Council. If works continue overnight, the applicant will ensure that appropriate long term signage and delineation layout is used.

9.33 If required, the applicant will submit a detailed Traffic Control/Management Plan prepared by a competent person ten (10) days prior to the commencement of works. The applicant will not proceed with works until Council has issued a permit.

9.34 If relevant to the works, the applicant will install hoarding adjacent to the proposed construction strictly in accordance with the manufacturer’s specifications. The hoarding is to be a minimum of 1.8 metres high and is to have appropriate sheeting, without gaps and be capable of safely containing all building materials within the construction site. The support base of the hoarding fence is to be completely contained within the nominated section of the footpath. No projection of any kind from the fence, is to encroach onto the remaining footpath area, which is to be kept completely clear to allow for safe pedestrian movement at all times for the duration of the permit.

9.35 If relevant to the works, the applicant will ensure that the terminations of the hoarding/site fence is to be tapered and clearly signed using standard temporary signs, T8-2 ‘PEDESTRIANS’ (with arrow left and/or right as required) as contained in the Manual of Uniform Traffic Control Devices, Part 3 – Works on Roads, Section 3.14.3).

9.36 If work is required to be undertaken over an awning, the applicant will ensure that the status of the existing awning is assessed and certified by a RPEQ (a Registered Professional Engineer Queensland – being a registered professional engineer as defined by the Professional Engineers Act 2002) as capable of supporting or containing plant, workers, tools and materials used above the awning. A copy of the RPEQ Certificate is to be submitted with this application.

9.37 Where works involve a temporary road closure the following conditions will need to be met:
i) Obtain a Road Closure Permit from the Queensland Police Service for the duration of the works and comply with all requirements and conditions of the Road Closure Permit. A copy is to be provided to Council prior to the temporary road closure.
ii) A public notice advertisement is to be included in The Chronicle (or relevant local newspaper) the day prior to the closure, advising details of the closure.
iii) All emergency services (Fire, Ambulance & Police) are to be advised at least 7 days prior to the closure.
iv) All bus and taxi operators (including school bus operators) are to be advised of the road closure at least 7 days prior to the closure, where applicable.
v) Successful consultation is to be undertaken with all stakeholders (ie. businesses/residents) directly affected by the closure.
vi) Temporary corflute signage is to be installed (1200mm (w) x 900mm (h) with text height of 100-150mm (black on white) at least 7 days prior to the closure, at each end of the proposed road closure. Signage is to include “Road Closed/Purpose/Date & Time/Contact No”.
vii) Contact Council’s Coordinator Waste Collections (David O’Shea) on telephone 4688 6861 regarding any impact on garbage collections.
viii) A programme of works detailing all tasks and relevant timelines for the temporary road closure is to be provided with the application.

9.38 Should the works be located within any section of Council’s Revitalisation Program, the applicant accepts that any damage sustained to the footpath paving and underlying footpath slab shall be repaired by Council at full cost to the applicant.

9.39 The applicant will ensure that all trees, shrubs, and other vegetation within the limits of work are retained and not damaged. Chemical type materials including oil, paint, bituminous products, fuels and cement/concrete must not be placed or dumped near vegetation. Any removal or modification of any existing Council street trees, including any disturbance of the root system within the drip line, will require the separate written approval of Council’s Parks and Recreation Branch (Telephone 131 872). In accordance with Council’s Local Law No. 1 (Administration) the applicant will be responsible for the replacement of any damaged trees, shrub or other vegetation.

9.40 Where on-street metered parking spaces are required during the works, the applicant will obtain Council information before works commence and comply with the applicable hooding/parking/construction zone fees. Enquiries should be directed to Council’s Regulated Parking Section (Telephone 131 872).

9.41 Erosion and sedimentation control – The applicant will carry out works necessary to control erosion and sedimentation and/or the loss and movement of soil during the period of construction. Such works include and are not limited to, the construction of sediment fences, earth berms and temporary drainage designed to prevent sediment being transported to adjoining properties, roads and/or drainage systems. All disturbed areas shall be mulched or turfed/grassed as soon as possible during construction. The applicant will comply with the following:
• Erosion and sedimentation controls must be implemented as necessary, and must be maintained at all times during the course of the work. Should the proposed controls prove to be ineffective then Council will require the applicant to install additional measures.
• Measures must be put in place to prevent site vehicles tracking sediment and other pollutants onto adjoining streets during the course of the work.
• Stockpiles of topsoil, sand, aggregate, spoil, or other material capable of being moved by the action of wind or running water must be stored clear of drainage paths, with appropriate measures to prevent entry into either the road and/or drainage system.
• Should it be necessary for the road and/or drainage system to be reinstated or cleaned up due to erosion and/or sedimentation from the site, such works shall be at the applicant’s expense. If necessary, such works shall be undertaken immediately without notice to the applicant where there is a potential hazard to pedestrians and/or passing traffic.

9.42 The applicant accepts that if Council does not give written notice of a decision within ten (10) working days of the lodgement of the application, the Council is taken to have refused the application.

9.43 If the applicant proposes to install synthetic grass:

A. The applicant agrees to use best endeavours to maintain the synthetic grass and associated works on the road reserve in the above location to a standard judged by Council from time to time to meet current and future planning, safety, amenity and engineering requirements including drainage.

B. While Council will not require removal of the synthetic grass and associated works unless in the public interest, the applicant acknowledges that the requirements specified in Condition A may change from time to time and could require the removal of the synthetic grass and associated works at the applicant’s cost.

C. Subject to Condition D, if the applicant ceases to occupy the property at the above location or Council determines that Condition A is not satisfied, the applicant will remove the synthetic grass and associated work as required by Council in accordance with Condition E.

D. For the purposes of Condition C, the applicant will not be required to remove the synthetic grass and associated works if the new or prospective occupier of the property at the above location obtains approval from Council to have synthetic grass and associated works.

E. In the event that the synthetic grass is required to be removed, the applicant agrees to remove the synthetic grass and all associated works and to complete reinstatement of the road reserve at the above location in accordance with the conditions contained in the application and in consultation with Council to restore the road reserve to a condition that will sustain grass.

F. The applicant agrees to meet the costs and expenditure of Council, if Council is required to undertake reinstatement works because of the applicant’s failure to comply with Condition E to Council’s satisfaction.

9.44 If relevant, the applicant will need to consider the Obstacle Limitation Surface (OLS) for the Toowoomba Aerodrome. For further information please contact Council’s Technical Officer – Aerodrome Operations (Telephone: 4688 6788).

9.45 If relevant, the applicant must comply with the terms in Section 7 of this application.

9.46 Should any works involving trenching/underboring be undertaken within 30m of a signalised intersection, or should a TGS involve closure of a lane(s) at a signalised intersection, the TRC Coordinator Traffic Systems is to be notified so the location of underground infrastructure can be coordinated. This advice should be emailed to traffic@tr.qld.gov.au at least 2 working days prior to work commencing.

9.47 A works zone can be installed but will require the installation of regulatory signage (Works Zone with Arrow R5-24) at either end of the zone. The applicant can either:

i) install the temporary signs compliant to the Manual of Uniform Traffic Control Devices. A formal record of date/time of installation/removal is to be kept by the applicant. A form will be provided by Council to the applicant when the permit is issued.
ii) Request Council to provide the signs, including installation and removal. The applicant will be responsible for all associated costs as well as the signs if they are damaged or stolen whilst the works zone is operational..

Approval of adjoining landholder

The following simple form can be used to document consent from neighbours for a proposed gate and/or grid.

Roads - Gates & grids adjoining landholder consent (PDF for print)

Last Updated: Monday, 08 April 2019 13:49
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