Damage to Council property during development

Damage to Council infrastructure during residential and business developments arises from the actions of property owners, developers, builders, contractors and delivery service providers.

Damage is typically caused by heavy construction vehicles traversing across Council land onto the development site.

This damage breaches the conditions stipulated within the Local Government Act 1999 and poses a safety risk to the community.

During development, Council land is under control of the applicant. Any damage is to be repaired or reinstated by the applicant within the time frames deemed by Council.

Appropriate measures and forward planning must be put in place to avoid the hefty price of remediating any damage caused.

You can apply to alter a public road (section 221)  as necessary.

Council has a representative to inspect all development sites prior, during and at completion of developments to enforce the rectification of any damage that occurs.

Types of damage to Council infrastructure

The types of damage that occurs includes:

  • Using heavy machinery to transverse from the carriageway to the development site. If heavy machinery is driven over the water table, kerb and footpath it can easily be damaged. Use existing entry and exit points
  • During the installation of swimming pools, the use of a crane is usually required. During this process the crane’s stabilizing legs are used. Footpaths are not weigh rated for these type of works and are often damaged.
  • Trenching works are often filled in with the wrong materials and re-instated not to standard. Sinking and tripping hazards can occur.
  • Rectification works not done to standard and fail
  • Old cross over inverts not re-instated back to upright kerbing
  • Concrete washed onto street
  • Debris over footway and roadway causing a hazard to motorists and pedestrians traversing through the site.

Sensitive construction methods to prevent damage

There are a range of sensitive construction methods to help prevent damage to Council property during development: 

  • Install wooden slats that can be laid down and removed when traversing. Remove when not in use
  • A ramp can be installed at the kerb edge (only when existing crossing place can’t be utilized) to minimise contact with the kerbing infrastructure. These ramps are weight rated
  • Rumble pad (segregated metal strips) to dislodge debris on site prior to driving on road
  • Remove debris from road and wash down.

 

The ramps and wood slats shown below can assist in the prevention of damage to roads and footpaths during development works. 

driveway ramp.jpg   driveway ramp (SWL).jpg  wooden slats.jpg

Responsibilities of legislation and rectification works (Section 221, 233)

Understand the responsibilities of legislation and rectification works (Section 221, 233):

The Local Government Act 1999 contains avenues Council can prosecute and seek compensation for damage to Council Assets or rectification to its original state

Road to be made good

  • A person who breaks up, or damages, a road under an authorisation conferred by this Act or another Act must restore the road at least to the condition that existed immediately before the action was taken. – Max $5,000.

Damage - 233

 (1)  A person who, without the council’s permission, intentionally or negligently damages a road or a structure (including pipes, wires, cables, fixtures, fittings and other objects) belonging to the council associated with a road is liable to the council in damages

(2)  The council may recover damages under this section in the same way as damages for a tort

A person (other than Council or a person acting under some other statutory authority) must not make an alteration to a road unless authorised to do so by the Council – Maximum Penalty $5,000.

Apply to alter alter a public road (section 221)

 

Contact 8397 7444 or customerservice@cttg.sa.gov.au for further information.