VERGE DEVELOPMENT APPLICATION FOR

163 St Vincent Street, Port Adelaide 5015 • T 8405 6600 • www.cityofpae.sa.gov.au • [email protected]

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Surname/family name

Given name/s

1. Grantee details

Mr Mrs Ms Other Unit/Street no. Street

Suburb Postcode

Postal address (if different from above)

Phone number Work number

Mobile number Email address

3. Adjacent Address of Proposed Verge Development

To complete this application form you must provide the following: (please tick)

2 - A detailed and to scale A4 plan illustrating the verge design and extent of works, including all existing service utilities and road features.

1 - Copy of document verifying occupancy (driver’s licence or utility document)

Please complete this form in BLOCK LETTERS

Unit/Street no. Street Suburb Postcode

4 - If machinery is utilised, evidence of relevant insurance to cover damage to public infrastructure.

3 - A description of the method of construction / establishment.

4. Additional Information (please tick)

I would like Council to:

YES NOExclude the applicable Verge Development from the Council's 'Weed Control Program'.

Exclude the applicable Verge Development from the Council's 'Grass Reduction Program'. YES NO

The proposed Verge Development continues adjacent to the following address/es: (Leave blank if not applicable).This is required if:- The proposed Verge Development is located on a corner and continues on an adjacent side street; - The proposed Verge Development is located adjacent a rear access point on another street / lane; or- The proposed Verge Development is located adjacent multiple addresses.

Unit/Street no. Street Suburb Postcode

Unit/Street no.Street Suburb Postcode

2. Application Type (Please tick one)

New Verge Development Proposal Existing Established Verge Development (For Retrospective Approval)

Unit/Street no.Street Suburb Postcode

APPLICATION FOR VERGE DEVELOPMENTAuthorisation To Make an Alteration to a Public RoadLocal Government Act 1999



5. Agreement

The Grantee agrees construct and maintain the proposed verge development in accordance with the attached Conditions.

/ /

Signature and date

Signed by / for GranteeName

6. Return completed application

4. Additional Information (please tick)

I would like Council to:

YES NOExclude the applicable Verge Development from the Council's 'Weed Control Program'.

Exclude the applicable Verge Development from the Council's 'Grass Reduction Program'. YES NO

/ /



1. Pre-requisites: The authorisation is not effective unless and until the stated pre-requisites are satisfied or in writing waived by Council.2. Limitations: Once effective, the authorisation is limited to the stated particulars. A variation to any such limitation is at Council's discretion.3. Inputs: Council is not obliged to supply any information, materials, plant, equipment or other goods or services for the work. If Council agrees to and does supply any such things, it may recover a reasonable fee.4. Latent conditions: Council is not liable for surface or sub-surface conditions adjacent to, upon or under the Area. Council is not liable for any information it provides, or fails to provide, about surface or sub-surface conditions. 5. Design considerations: The Grantee will ensure that: • the alteration to the Area shall conform to the overall streetscape design theme and character; • it provides for the safety of road users and maintains clear traffic site lines; • it provides a 600 mm space adjacent to the kerb for access between parked cars and the footpath and/or private property; • it provides a space for pedestrian movement that is at least 1 500 mm wide and parallel to the roadway (this will not apply if a Council footpath is present); • it provides a minimum 10 metre clearance for any bus stop sign parallel to the roadway and 1 500 mm clearance between the sign and any footpath (in accordance with DPTI standards); • it prioritises the health and structure of the Council street tree by providing adequate space for tree root development; • it provides adequate space around existing or proposed Council street trees to ensure successful establishment and growth; • it provides space for the placement of Council collected bins (domestic waste, recyclable material and green waste); and • the general level and grade of the Area is maintained and all mulch material is contained within the Area.6. No impediments or cultivation: The Grantee must not fence, enclose or petition any portion of the Area as to materially impede traffic and must not use the Area for cultivation purposes.7. Verge development guidelines: The Grantee shall comply with the current verge development guidelines issued by Council. 8. The Grantee must not: • plant species that are prickly, poisonous, spiky, sharp, have invasive stems or root systems; • plant 'Declared' or 'Undeclared' species nominated under the Landscape South Australia Act 2019; • plant fruit, nut or vegetable species susceptable to fruit fly; • use hard landscaping elements to create garden edging adjacent to existing or proposed footpaths, crossovers or kerbs; • install barriers and structures such as retaining walls, rocks, supporting frames or lattices and bollards; • install synthetic turf; • use hard or compacted surfaces such as concrete, bitumen, paving; • cause a stock pile of waste such as organic matter; • use exposed irrigation systems or chemically sterilised treatments; and • undertake unauthorised development of footpaths.9. Plant species considerations: The Grantee must only plant: • appropriate plant species as set out in the South Australian Botanic Gardens Online Plant Selector or local nursery that are suitable for local site conditions considering the existing soil type, rainfall, site orientation, pedestrian safety and security; • hardy, long lived and non-invasive plant species; • plants that have low watering requirements; • preferably native indigenous plants or exotic or native species sourced from locations with similar climatic conditions; • plants with the capacity to withstand occasional pedestrian traffic; and • planted to consider mature width and height in relation to kerbs, footpaths, infrastructure and street trees.10. Appropriate irrigation systems: The Grantee acknowledges that the Council prefers the adoption of manually watered irrigation systems and the Grantee will only use pop up sprinklers and drippers if: • water is sourced from the adjoining property; • all valves and controllers are located within the adjoining property; • any disturbance to adjacent footpaths and kerbs shall be rectified by the Grantee at their own expense and to the satisfaction of Council; • the installation, maintenance and ongoing repairs of any irrigation system shall be the sole responsibility of the Grantee; • all pipes and components shall have a minimum clearance of 100mm from the verge edge, footpath and/or kerb; • the flow of water is directed away from footpaths, crossovers, service pits and other infrastructure; and • irrigated turf shall be excluded from the Council's grass reduction program (mowing).

CONDITIONS



11. Construction and maintenance considerations: During the term of this authorisation including the construction, establishment and maintenance of the Area, the Grantee shall: • engage the Dial Before You Dig service; • undertake work in a manner that ensures personal and public safety; • eliminate dust and soil erosion; • take care around Council street trees; • recognise the rights of service authorities such as SA Power Networks, SA Water, Telstra and their contractors, to access inspection points and underground infrastructure at any time and without warning. 12. Grantee maintenance responsibilities: The Grantee shall be responsible for the ongoing maintenance and associated cost of the Area including watering, weeding, pest and disease control, pruning for pedestrian road user access, material and/ or plant replacement and all rectifications required to accommodate the perpetual growth of a street tree and its root system.13. Rights of Council: The Council reserves the right to remove non-conforming or poorly maintained Area developments, construct a footpath within the Area at its discretion and access the Area to maintain the street tree at its discretion. Compensation will not be provided for the removal and/or alteration to the Area as a result.14. Access for kerbside collections: If work is likely to restrict or coincide with the regular kerbside collection of household waste, the Grantee must provide access or assistance so that collections may proceed on schedule.15. Utilities: The Grantee is liable to identify the existence and locations of any utility services above or under the Area or adjacent property. (Dial Before You Dig is at www.1100.com.au.) The Grantee must take all proper measures to protect these services throughout the work. If a service is damaged in the work, the Grantee must arrange for its repair with the appropriate authority or owner as soon as practicable, consistent with the status of the service.16. Survey marks: If the Grantee disturbs or obliterates a public survey mark, the Grantee is liable for all costs and fines so incurred under the Surveyors Act 1976.17. Concurrent works: If while the Grantee is upon the Area a utility supplier or Council is carrying out other work on or about the Area, the Grantee must co-operate and co-ordinate with the other works.18. Standards of care: When upon the Area, the Grantee must comply with (in descending priority): • applicable laws, codes of practice and guidelines including those for workplace safety, public health, road safety, protection of the environment - includes Stormwater Pollution Prevention Code of Practice for Local, State and Federal Government; • any reasonable directions as may be given by a Council employee; • plans / specifications / methods submitted by the Grantee and approved by Council; • applicable Australian Standards; and • the exercise of reasonable care, skill and diligence.19. Fixtures: If in the works a fixture or equipment is installed, it remains the Grantee's property, and at all times during the authorisation the Grantee must keep the item in safe and good condition. Within two (2) working days after the expiry or cancellation of the authorisation (whichever comes first), the Grantee (or successor) must remove such items, make good any damage caused thereby and restore the Area to at least the same condition that existed before the item was installed. In default, Council may take steps to rectify the problem and recover the costs from the Grantee.20. Indemnity: As a continuing obligation, the Grantee indemnifies and holds harmless Council against any loss, damage, cost or expense incurred by Council in relation to property or persons to the extent caused by the Grantee (or contractor or their workers, as applicable) either: • having use of the Area under the authorisation; • bringing on or using on the Area any materials / plant / equipment; • allowing the escape of any water or chemical; • breaching a condition of this authorisation; or • being negligent. Liability to indemnify reduces proportionally to the extent Council's wilful default or negligence contributed to the loss, damage, cost or expense.21. Council's insurance: If by reason of the Grantee's (or contractor's or worker's) default or negligence Council claims under the Local Government Association Mutual Liability Scheme or under insurance held by Council, the Grantee bears any excess or deductible for that claim.22. No duty of care: If Council gives any consent, approval or direction, accepts any work or inspects anything for the work: • Council does not have a duty of care to the Grantee (or contractor) for that thing; and • the Grantee is not to any extent relieved from its obligations to comply with these conditions.



23. About the authorisation: The authorisation: • extends to the Grantee's contractor for any of the work; • except with Council's prior written consent, is not transferable; • may be surrendered at any time, by so notifying Council; and • may be cancelled by Council as the Local Government Act 1999 (LG Act) section 225 allows.24. About Council: Council grants the authorisation under Local Government Act 1999 section 221 and not in any other capacity. The authorisation does not preclude or pre-empt the exercise by Council of any other regulatory function or power.25. About the Grantee: If the Grantee is more than one person, each of them is bound jointly and also severally. The Grantee is liable to Council for anything done or not done by its contractor or worker that if done or not done by the Grantee would breach a condition. A person signing this authorisation for a Grantee warrants they have authority for that purpose. The Grantee's contact person is taken to have authority to give and receive notices and make decisions for the Grantee.26. Local Government Act: The Grantee acknowledges and agrees that the LG Act makes it an offence for a person: • who owns a structure or equipment installed in, on, across, under or over a road to fail to comply with an order from the Council requiring the owner to carry out maintenance or repair or requiring the owner to move the structure or equipment to allow the Council to carry out roadwork (Section 217(2)); • to make an alteration to a public road not authorised by the Council nor acting under some statutory authority (Section 221(1)); • authorised to carry out work on a road not to carry out the work as expeditiously as is practicable in the circumstances (Section 228(a)); • authorised to carry out work on a road not to take action that is reasonably practicable in the circumstances to minimise obstruction of the road and inconvenience to road users (Section 228(b)); or • authorised to carry out work that damages a road not to restore the road at least to the condition that existed immediately before the action was taken.27. Special conditions: Any stated special conditions prevail over other conditions to the extent of any necessary inconsistency.

Documents

VERGE DEVELOPMENT APPLICATION FOR