Gladstone Regional Council recently amended its Gates and Grids Policy, in response to public feedback.
The amended policy ensures that these assets meet appropriate safety standards and the responsibility for insurance, inspection, maintenance, repair and replacement is clearly defined and understood by landholders.
A new Gates and Grids Subordinate Local Law is also being developed to administer a permit system for landholders seeking to maintain responsibility for a gate or grid in the maintained public road network.
Following the subordinate local law’s proposal to Council on 5 September 2023, a public submission process will allow the community to share their feedback before Council decides to make a Gates and Grids Subordinate Local Law.
The amended Gates and Grids Policy provides landholders with the following options for these assets:
- Gates and grids can be transferred to Council and council will insure, inspect, maintain and repair the gate or grid at Council’s cost with landholders to fund the replacement of the structures at the end of its useful life; or
- Landholders obtain a permit from Council to have a gate or grid in the road which comes with the responsibility of insuring, inspecting, maintaining, repairing and replacing the structures at the landholder’s cost and indemnifying Council from all claims.
Alternatively, landholders can advise that the gate or grid is no longer required, and Council will remove it and reinstate the road surface at Council’s cost.
The amended Gates and Grids Policy was a response to public feedback from landholders affected by the policy.
Council's fundamental position on gates and grids has not changed in that it is Council's preference not to have gates and grids in the road network.
However, we acknowledge this position is not always reasonable or practical and gates and grids provide the best overall outcome in some circumstances.
The main driver for the 2020 policy position was advice received by some landholders stating they were unable to secure public liability insurance for their gates and grids on public roads.
As a result, Council adopted the policy position of allowing gates and grids to be transferred to Council to manage (including insuring) at Council’s cost, and when required, replaced by Council at landholders' cost.
Since the adoption of the 2020 gates and grids policy Council has received the following landholder advice/concerns:
- Landowners have indicated that they can carry out the replacement of grids to the required standard much more economically than paying Council to replace the structures
- There has been some difference of opinion on when a grid has reached the end or its useful life with some landowners seeking to undertake considerable repair work rather than replacement
- Some landholders would prefer to retain responsibility for their gates and grids in terms of maintenance, repair and replacement and have indicated that they can obtain public liability insurance for the structures in the public road reserve.
Based on this feedback, Council resolved to provide more flexibility in its policy position to accommodate both the 2020 policy position and the option for landholders to maintain their involvement in the management of these structures.
Landholders with interests in gates and grids are encouraged to participate in the subordinate local law public submission process.
By making a submission, landholders can provide feedback on the proposed subordinate local law which could influence amendments to the final adopted subordinate local law.
Following the close of the public submission process on 31 October 2023, and a subordinate local law has been adopted by Council, landholders will be asked to advise and/or reaffirm which option they would like to take up under the Policy commencing 1 January 2024.
If you have an interest in a gate or grid in the maintained road network, please contact Council to advise/check we have your details linked to all the gates/grids you have an interest in to ensure you are provided with regular updates.
Contact Council on 4970 0700 to update your details and ensure your interested gates and grids are linked to your details.
How can I join the conversation?
The community can share their thoughts on the proposed subordinate local law by lodging a written submission.
Submissions MUST be written and should include grounds for the submission and any associated facts and circumstances raised in the submission.
Options for lodging your written submission are below.