Road and footpath occupancy application

Specific Conditions (for Road and Footpath Occupancy)

1. The approved Traffic Management Treatment (TMP) is to be implemented during all works and any required after care treatment, is to also be implemented during the occupation.
2. The site is to be signed and managed in accordance with AS 1742.3 and Vic Roads Worksite Code of Practice.
3. The permit holder must notify and obtain consent from any relevant public transport authorities when occupying a road which services trams and/or buses.
4. Where restricted access to adjoining properties may occur during the occupation, written notification 7 days in advance of the proposed works must be given to all affected parties.
5. Where the applicant has obtained Council’s report and consent for public protection the applicant shall comply with the specifications and conditions as set out therein. Should any variation to the report and consent conditions be required a letter requesting the variation shall be submitted to the Municipal Building Surveyor for approval.
6. Any area of metered parking occupied by the occupation will attract additional fees.
7. No plant or equipment is to be stored on any Council Land or Road overnight without obtaining prior consent.
8. Any damage to Council assets including but not limited to, storm water drainage pits, kerb and channel, nature strips or street trees must be immediately reported to Council.
9. No Plant and Equipment is to operate or materials to be stored near or under and Council Street Tree.

Specific Conditions (for Hoarding/Gantry)

1. The permit holder must comply with the conditions of the Report and Consent – Regulation 116
2. The approved Traffic Management Treatment (TMP) is to be implemented during the erecting and dismantling of any Hoarding or Gantry, and any required after care treatment is to also be implemented during the occupation.
3. The site is to be signed and managed in accordance with AS 1742.3 and Vic Roads Worksite Code of Practice.
4. The permit holder must notify relevant public transport authorities when occupying a road which services trams and/or buses.
5. Where restricted access to adjoining properties may occur during the erection and dismantling or occupation, written notification 7 days in advance of the proposed works must be given to all affected parties.
6. Where the applicant has obtained Council’s report and consent for public protection the applicant shall comply with the specifications and conditions as set out therein. Should any variation to the report and consent conditions be required a letter requesting the variation shall be submitted to the Municipal Building Surveyor for approval.
7. Hoardings are to be generally white or yellow in colour, minimum 2.4 metres in height and of a solid timber construction. They are to be maintained and kept free of any Advertising Material or Bill posters and may only contain statutory required signage.

Specific Conditions (for Shipping Container/Storage Box)

1. Obstructions, including Shipping Containers shall be effectively lit from sunset to sunrise. It is mandatory that all Shipping Containers comply with the Vic Roads Code of Practice for the placement of Waste Bins on road sides. Published (January 2001).
2. The permit holder must notify relevant public transport authorities when occupying a road which services trams and/or buses.
3. Water channels shall be kept clear and free from obstructions.
4. Where restricted access to adjoining properties may occur during the erection and dismantling or occupation, written notification 7 days in advance of the proposed works must be given to all affected parties.

General Conditions

1. This permit is only valid for the period nominated in the permit. Any cancellation or suspension of works and or the permit must be in writing 24hrs before the commencement date listed. Any extensions to this permit will only be considered if an application for an extension is made in writing to Council prior to the expiration of this permit and a new permit will be issued.
2. This permit is not transferable.
3. This permit does not constitute any Council permission or other beyond what is stated on this permit. The permit holder must ensure that no other areas of Council-controlled land are impeded or occupied other than those specified on this permit.
4. The Permit holder is responsible for obtaining any additional Council permits, for example planning permits, building permits, reports of consent, and/or other permits associated with the works, with this permit.
5. The person carrying out the work shall retain the permit on site and shall produce it upon request for inspection by any responsible Council Officer, or a member of Victoria Police, Worksafe Victoria or Roads Corporation (Department of Transport). The applicant and all persons working under his/her control shall obey all reasonable instructions given by the responsible Council Officer or other authorised person.
6. Council assets including street furniture, trees or any other Council assets cannot be removed without prior permission from Council. If any street furniture or other Authority’s assets are to be removed or relocated, it will be the responsibility of the holder of this permit to pay for the removal or relocation of such assets. Council can provide an estimate of costs to undertake this work.
7. Any damage to Council’s assets and infrastructure within the area of occupation, or as a result of the occupation is the responsibility of the holder of this permit. The applicant must reimburse Council with any cost that Council may incur if it is required to return any damaged, modified or removed assets or infrastructure to their condition prior to the occupation. Alternatively, to the satisfaction of, and at no cost to Council, the applicant shall be responsible for reinstating any Council assets or infrastructure that is damaged, modified or removed.
8. Damages to any Public Authority Assets are to be reported to the responsible authority immediately and measures undertaken to make the area safe and trafficable to pedestrians.
9. The Permit holder must provide any relevant permits or licenses on request including but not limited to 'No Go Zones' when occupying land near power and tram lines, or Memorandum of Authorisation (MOA) from the Department of Transport (formerly VicRoads), when occupying part of a declared arterial road.
10. Council reserves the right to correct, amend, cancel or suspend this permit at any time.

Safety Conditions

1. The permit holder shall be responsible to always protect the safety of the public and must comply with the Road Management Act, Road Safety Act, and Occupational Health and Safety Act.
2. The permit holder is to ensure an approved traffic management treatment is implemented for the duration of the works.
3. All works are to be clearly delineated and signed in accordance with the above Acts, Regulations, Road Management Act 2004 - Code of Practice for Worksite Safety - Traffic Management, and Australian Standards refer to AS 1742.3 -2002 Part 3 Traffic control devices for works on roads.
• A minimum provision for pedestrians of 1500mm clear passageway from the face of the hoarding, or materials placed on the footpath to any existing pole, post or street furniture, is required at all times. In certain circumstances the responsible Council Officer may approve a minimum width of 1200mm clear passage. Where this cannot be achieved, a walk-through passageway of adequate clearance with a height clearance of 2400mm is required.
• The permit holder must provide a minimum 3m clearance for vehicle access unless a road closure has been approved.
• The permit applicant must ensure that safe disabled access is always maintained around the site (this includes ramps abutting the kerb for wheelchairs and buggies.
• If these minimum requirements cannot be met the applicant to must make provision of safe passage for pedestrians, cyclists and people with disabilities to the satisfaction of the responsible Council Officer.
• Traffic directed by a qualified “traffic controller” must be accordance with Road Management Act 2004 - Code of Practice for Worksite Safety - Traffic Management and the Australian Standard AS 1742.3.
4. If a full closure is permitted to a road, laneway, right-of-way or similar, the permitted occupation area must be made accessible where possible, in the event of an emergency.
5. Traffic directed by a qualified “traffic controller” must be accordance with Road Management Act 2004 - Code of Practice for Worksite Safety - Traffic Management and the Australian Standard AS 1742.3.

Failure to Comply

1. Failure to comply with the conditions of this permit will result in the immediate cancellation of the permit. Failure to comply with any of the conditions of this permit, including non-compliance with the expiry date, may also result enforcement action being taken against the Permit holder including but not limited to the issuance of a penalty infringement notice or the commencement of prosecution proceedings in the Magistrates Court.