Encroachments
Encroachments on Shire-owned land
Shire-owned land is public land for the wider community to access, use and enjoy. We are committed to protecting and maintaining public land, including roadsides, reserves and roads.
As part of this commitment, we are reviewing unauthorised encroachments on Shire land that have occurred over time. This work aims to restore public land, ensuring it remains accessible and available for the use and enjoyment of all residents, ratepayers and visitors to the Mornington Peninsula.
We appreciate our community’s cooperation in supporting the fair and equitable use of public land.
What is an encroachment?
An encroachment is the unauthorised private use of public land. It commonly involves placing or constructing items beyond a property boundary without approval, such as fences, gates, sheds, landscaping or other semi-permanent or permanent structures.
Why is the Shire taking action?
We have a responsibility to protect and manage public land for the benefit of the entire community.
Even where an encroachment may appear minor, private use of public land can restrict public access, prevent essential maintenance and works, impede fire management activities, impact drainage or infrastructure and create public safety risks.
Removing encroachments helps us protect public assets and ensure Shire-land remains accessible and available for current and future community needs.
What happens when an encroachment is identified?
- An inspection is undertaken to identify and confirm the location, extent and nature of the encroachment.
- The property owner is formally notified and is requested to remove any unauthorised structures, improvements or items from Shire land within a specified timeframe.
- The property owner will be given a reasonable period to remove the encroachment and undertake any necessary reinstatement of the affected land.
- We will inspect the site to make sure the encroachment has been removed and that Shire land has been restored.
- If an encroachment remains after the agreed timeframe, the matter may be referred to our Asset Compliance team for further investigation and enforcement action.
Working with property owners
Some encroachments may have existed for many years and can, in some instances, pre-date the current owner’s purchase of the property. In many cases, property owners may not have intentionally created an encroachment or been aware that structures, vegetation or other improvements extend onto public land.
Where an encroachment is identified, we will communicate with the affected property owner, explain the nature of the issue and provide a reasonable opportunity for the encroachment to be removed.
Property owners are required to remove encroachments and relocate fences as required at their costs. If an encroachment is not removed within the time frame, we may impose fines, however we would prefer to work with property owners to resolve the encroachment without the imposition of a fine.
Helping protect public land
If you become aware of a potential encroachment on public land, you can report. We will review the information provided and determine whether further investigation is required.
Encroachments on Crown land will be reported to the appropriate department managing such land.
What do I do if I think someone is encroaching on Council land?
The best thing to do is to report it to us so we can check it out. Any details you report are confidential and protected by the Privacy and Data Protection Act 2014.