GM/23/5124 Council Resolution:

Moved Cr Churchill

Seconded Cr Trevor

That Council:

1. To make Local Government Controlled Areas, Facilities and Roads (Amendment) Subordinate Local Law (No. 1) 2023 as advertised;

2. To make Subordinate Local Law No. 1.16 (Gates and Grids) 2023 as advertised, but amended as follows:

a. schedule 1, section 6(2)(d)(x)—

omit;

b. schedule 1, section 6(2)(d)(xi), (xii) and (xiii)—

renumber as section 6(2)(d)(x), (xi) and (xii);

c. schedule 1, section 6(2)(h) and (i)—

omit, insert—

‘(h) require the approval holder to undertake an annual compliance inspection of the gate or the grid, or the gate and the grid, to ensure that the gate or the grid, or the gate and the grid, complies with the requirements specified in the conditions of the approval; and

(i) Require the approval holder to, if requested by the local government in writing, and so as to ensure that the gate or the gate, or the gate and the grid, complies with the requirements specified in the conditions of the approval—

(i) undertake other safety and compliance inspections of the gate or the grid, or the gate and the grid; and

(ii) submit to the local government, within a time frame prescribed by the local government—

(A) a report about each safety and compliance inspection; and

(B) supporting photographs; and

(C) if requested by the local government, documentary evidence that public liability insurance, as specified by the local government in the approval, has been taken out and maintained by the approval holder; and’

d. schedule 1, section 6(3)(b)(xi)—

omit;

e. schedule 1, section 6(3)(b)(xii) and (xiii)—

renumber as section 6(3)(b)(xi) and (xii);

f. schedule 1, section 6(3)(f) and (g)—

omit, insert—

‘(f) require the approval holder to undertake an annual compliance inspection of the gate or the grid, or the gate and the grid, to ensure that the gate or the grid, or the gate and the grid, complies with the conditions of the approval; and

(g) require the approval holder to, if requested by the local government in writing, and so as to ensure that the gate or the grid, or the gate and the grid, complies with the requirements specified in the conditions of the approval—

(i) undertake other safety and compliance inspections of the gate or the grid, or the gate and the grid; and

(ii) submit to the local government, within a time frame prescribed by the local government—

(A) a report about each safety and compliance inspection; and

(B) supporting photographs; and

(C) if requested by the local government, documentary evidence that public liability insurance, as specified by the local government in the approval, has been taken out and maintained by the approval holder; and

(D) a site specific report about the structural integrity of the gate or the grid, or the gate and the grid, and RPEQ certification for the gate or the grid, or the gate and the grid; and’;

g. schedule 1, section 7(1)(b)—

omit, insert—

‘(b) must be fixed, having regard to the likely useful life of the gate or the grid, or the gate and the grid, identified in the approval.’;

h. schedule 1, section 8(1)(b)—

omit, insert—

‘(b) must be fixed, having regard to the likely useful life of the gate or the grid, or the gate and the grid, identified in the approval.’.

3. Adopt, pursuant to section 32 of the Local Government Act 2009, in the form attached to this report to Council, a consolidated version of Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2011.

4. Subject to Council adopting Subordinate Local Law No. 1.16 (Gates and Grids) 2023, Council not impose a fee or charge for a Gate or Grid application under the transitionary provisions of Subordinate Local Law No. 1.16 (Gates and Grids) 2023 for the 2023/24 financial year.

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.

The amended Gates and Grids Policy provides landholders with the following options for these assets:

• Option 1 – Assign all responsibility (insurance, inspection, maintenance and repair) for the structure/s to Council and fund the cost of Council replacing the structures when it reaches the end of useful life (if approval to renew is provided); or
• Option 2 – Maintain responsibility for gates and grids installed and seek an approval under the new Subordinate Local Law which will include landholders insuring, inspecting, maintaining, repairing and replacing the structures in the maintained road network in accordance with the approval requirements and providing an indemnity for Council against all claims; or
• Option 3 – Advising that the gate or grid is no longer required and Council will remove it from the maintained road network and reinstate the road surface at Council’s cost.

Following the adoption of the subordinate local law 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.