Building Over Easements Policy

Adopted by Council on 7 February 2011

Policy Goals

The Building Over Easements Policy is designed to protect the interests of the property owner and assets of Latrobe City in easements vested in the Council.  In special circumstances, Latrobe City may conditionally approve an application to build over such easements.

Policy Implementation

Applications to build over an easement that vest in Council must be in writing.

In general, approval to build over Council infrastructure in an existing easement or an easement that is not currently used but will be required for future drains, will be refused so as to protect the interests of the Council for when future drainage construction occurs, or possibly to ensure the non-obstruction of a flood path.

Approval to build within 300mm of, but not normally over an existing pipe, will generally be approved subject to the landowner entering into an agreement under Section 173 of the Planning and Environment Act 1987.

Where in the particular circumstance, an easement that vests in the Council is not in use and in the opinion of the City it appears likely it will never be used, Latrobe City may forego the Agreement.

The fee for drafting the Agreement under Section 173 of the Planning and Environment Act 1987 will be payable by the applicant in accordance with the Councils annual fees and charges schedule.

This policy has been reviewed after giving proper consideration to all the rights contained within the Charter of Human Rights and Responsibilities Act 2006; and any reasonable limitation to human rights can be demonstrably justified.