Road Opening / Drainage Connection / Works in Road Reserve Permit

Do I need a Road Opening / Drainage Connection / Works in Road Reserve Permit?

It is a requirement of the Shire’s Community Amenity Local Law 2022, Works on Council Land or Roads to obtain a permit to undertake any works on a road or Council land and it is a requirement of the Road Management Act 2004 to obtain written consent of the coordinating road authority to conduct any works in, on, under or over a road. This permit is also required for drainage connections into Council drainage infrastructure within easements or road reserves (e.g. drainage pits, pipes and culverts) and is required for domestic service connections if works are undertaken within the road reserve or Council land. For more information on the Shire’s Community Amenity Local Law 2022 or to access a copy, please see the Local law detail page.

Why do I need a Road Opening / Drainage Connection / Works in Road Reserve Permit?

The purpose of the permit is to protect public safety, minimise damage to natural and built community assets and to ensure that works and reinstatement of the road complies with the relevant Shire construction standards and specifications. To view or access a copy of the Standard relevant to your proposal, see Section 8 of the Shire's Civil Engineering Standard Drawings.

An Authorised Officer will conduct inspections for the duration of the works to ensure:

  • Compliance with the permit and any associated conditions.
  • Construction and reinstatement complies with the relevant Shire construction standards and specifications.
  • Public safety is not impacted by the works.
  • Any damage to community assets is repaired and paid for.
  • The road reserve and any built or natural assets are reinstated to their original condition.

Do I need any other Permits or Approvals?

Generally speaking, the 'road reserve' is divided between the roadway (which includes the road shoulders, kerb and channel, and lanes used by traffic) and the roadside (which includes footpaths, nature strips and any grasslands or landscaped areas where they exist). 

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You must apply to the relevant Coordinating Road Authority for consent to perform works within the Road Reserve and this may be the Shire and/or VicRoads/Department of Transport and Planning (DTP) based on the type of road:

  • Municipal Roads - Council is the Coordinating Road Authority for the entire road reserve.
  • Arterial Roads - Council is the Coordinating Road Authority for the Roadside, and VicRoads/DTP are the Coordinating Road Authority for the roadway.
  • Freeways (e.g. Peninsula Link and Mornington Peninsula Freeway) - VicRoads/DTP are the Coordinating Road Authority for the entire road reserve.

To check if your road is an 'arterial road' managed by VicRoads/DTP, see the map of VicRoads Declared Roads(PDF, 83KB) and for more information on applying for consent to excavate a road, see the VicRoads website. If you are unsure who the relevant authority is for your proposed works, please contact us on 5950 1040 to discuss.

A Traffic Management Plan (TMP) and Memorandum of Authorisation (MOA) application must be submitted to and approved by the Mornington Peninsula Shire's Traffic & Transport Team prior to conducting any works on Shire roads, streets, lanes or footpaths. If your works are on a VicRoads Arterial Road, you must also comply with VicRoads/Department of Transport and Planning traffic management requirements. For further information on when a Traffic Management Plan is required, VicRoads requirements, or how to submit your TMP and MOA applications please visit Traffic Management Plans.

 

Inspection Process

Step 1.Site Plan

You will need to submit a Site Plan with your application showing the location of:

  • Details of the proposed works
  • Location of the works
  • Any relevant dimensions
  • Distance of works from the neighbouring property boundaries
  • All existing assets, such as footpath, kerb, vehicle crossings, road construction type, service utility assets, trees, drainage pits, etc.

Step 2.Submit your Application

Complete and submit your application. You will be required to provide:

  • Property and contractor details
  • Period of works
  • Attach a Site Plan
  • Pay the application fee

NOTE: Traffic Management Plans and Memorandum of Authorisation applications relating to this permit must be submitted via: Traffic Management Plans.

No works can begin, including excavation, boxing and placing of reinforcement, until all required permits have been issued, all conditions have been met and the approved Traffic Management Plan has been implemented. If any works begin before this, enforcement action will be taken, which can include issuing notices, suspending works, fines, the possibility of court proceedings and may result in removal of the vehicle crossing.

Apply and Pay Online

Step 3.Preliminary Site Inspection

Once your application is received, an Authorised Officer will conduct a site visit to assess the proposal. An officer will contact you if a bond is required for the proposed works. The application may be approved, approved with conditions or declined.

Step 4.Permit Issued

If the application is approved, a Permit will be issued (including any additional conditions that apply) as soon as possible but depending on the complexity of the application e.g. public safety considerations, it may take up to 10 business days to finalise your application.

Step 5.Pre Inspection

You are required to notify Council prior to starting any of the following types of work:

  • Pouring of concrete
  • Backfilling of trenches
  • Asphalt sealing
  • Backfilling connection to Council assets

The Authorised Officer will inspect compliance with the relevant Shire Standards and Permit conditions and will ensure that the works are being carried out in a safe manner, with appropriate traffic management in place.

To request an inspection, please complete the online form.

Request an Inspection

Step 6.Final Inspection

You are required to notify Council when works are completed.  The Authorised Officer will inspect the completed works for:

  • Compliance with the relevant Shire Standards and Permit conditions
  • Reinstatement of the Road Reserve to its original condition
  • Any damage to Council assets within the road reserve
  • Any public safety issues created by the works

If any issues are identified at the final inspection, the Authorised Officer will make contact with the responsible person. If no issues are identified, there will be no further contact.

To request an inspection, please complete the online form.

Request an Inspection

 

Examples of Road Opening works

  • Drainage
  • Service connections
  • Excavating the road surface
  • Underground boring
  • Installing minor structures
  • Connection to Council drainage infrastructure

Concerned about compliance?

Visit our Asset Compliance page to learn about the types of cases we investigate, or to report a concern online.

 

Frequently Asked Questions

Visit our FAQ page

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