On occasion, Council receives requests for the creation of easements over its land. These applications need to be carefully considered by Council in its role as a landowner. The process requires applicants to provide complete information so a thorough assessment can be undertaken to understand the impacts to Council’s land and assets.
Applicants are required to complete an application form and agree to all costs associated with the proposal.
Brief outline of easement process
The application form lists all the required information. In summary, this can include:
- Current copy of title
- Survey plan
- Letter(s) of consent from service authorities
- Environmental/Vegetation/Arboriculture Impact Assessment
- Assessment of alternative locations for the easement and justification for why this easement must be created over Council’s land
Summary of costs to be met by applicant
The applicant must agree to pay all reasonable costs incurred by Council in considering and the creation of easement application. This can include:
- Council’s legal costs such as costs incurred by preparing conditions and registering of the proposed easement.
- Valuation, surveying and other professional consultant fees incurred by Council in considering the proposed easement.
- Compensation for any diminished value of Council’s land as a result of the creation of the proposed easement