Conducting a business on a public road or road reserve
Wattle Range Council has an extensive network of roads across the Council district. The road network is made up of both roads that are constructed and a large portion of road reserves that have yet to be made. In addition to Council owned roads and road reserves, Council also has responsibility for the following areas of State Government Roads:
- State Government Roads in rural areas, the section of road reserve located between the white guide posts and property boundaries, and
- In urban areas the footpath area including the kerb.
Pursuant to Section 222 of the Local Government Act (the Act), Council can issue a permit to enable a business to be conducted on Councils roads. The Act allows for a permit to be granted for business use in any of the roads and road reserve areas that Council has responsibility for and for a broad range of businesses uses.
Given the extent of unmade roads in Councils rural areas, where the use of these roads for eligible business purposes such as depasturing or grazing stock and hay cutting is appropriate, permits may be granted.
In relation to urban areas, the access of footpath for expansion of businesses such as outdoor dining or use of roads for mobile food vendors, may be eligible business uses if the associated conditions are met.
Further details can be found on Council’s website using the links below.
How to Apply for a Permit
1. Application
Submit a completed application form to Council (available on the Council website).
Your application must include:
- A site plan showing the area you want to use
- A certificate of currency for public liability insurance for a minimum $20 million
3. Assessment
As part of the application assessment process Council staff will inspect and assess the road for its suitability of use and may recommend conditions be applied.
4. Public Consultation
Public consultation for a period of 21 days is required where Council intends to issue a Permit to conduct a business on the public road and whereby the public access to the road is impeded (fenced, enclosed or partitioned), for a term greater than 48 hours.
5. Consideration of Public Consultation Submissions
A Permit may or may not be granted following consideration of submissions from the consultation process. Granting of a Permit will likely occur if the submissions are supportive of the Permit application request. Where submissions are not supportive, the submission will be reviewed in line with criteria for the issue of Section 222 Permits and may still be approved with or without alteration or conditions depending on the circumstances.
7. Conditions
When finalising the Permit, Council may include general and special conditions with the Permit, for example, removing any structure after a set period.
8. Dispute Resolution
If you disagree with the decision, Council has internal processes whereby reviews of decisions can be considered. The process for these complaints is outlined in Councils Customer Experience Policy and involve complaint handling, internal review of a Council decision or alternatively lodging of a complaint with the Ombudsman.
Download the Internal Review of Decision Procedure (1.1mb, PDF)
Frequently Asked Questions
When assessing an application for a Permit under section 222 of the Local Government Act 1999, criteria for Council consideration include, but are not limited to, the following:
- Proposed land use is appropriate for the area and land;
- Proximity of the area to the applicant’s property;
- Proposed land use aligns with the 25‑Year Strategic Land Use Plan and Strategic Plan, particularly the focus on environmental sustainability;
- Whether the proposed activity is consistent with the approved use of the land and supports community needs;
- If a permit has been previously held by the applicant, conditions of the previously issued permit have been adhered to (if applicable).
Council may issue a Permit for up to five (5) years.
For any proposed new or renewed Permit for a term greater than 48 hours, or the public access to the road is impeded (fenced, enclosed or partitioned), the intent by Council to issue the Permit must first go out for public consultation for a period of 21 days.
The purpose for the public consultation would be to inform the community, in particular the local community that may be directly affected.
This would include a public notice on Council's website, direct communications with surrounding landholders notifying them of the intent by Council to issue a permit.
Each application is considered in line with Council's permit conditions and criteria for the issue of Section 222 Permits, as permitted uses often reflect the land and area.
A sample of these activities include:
- Caretaker (no income production, native vegetation protected)
- Cutting and baling hay
- Grazing stock
Other temporary business activities on a Public Road or Road Reserve include roadside stalls and pop-up activities/services.
Each application is considered in line with Council's permit conditions and criteria for the issue of Section 222 Permits as permitted uses often reflect the land and area.
As per the Conditions of the Permit, the Permit is non-transferable.
Upon the sale of the land adjacent to the road reserve the Permit Holder must notify Council. The permit does not automatically transfer to the purchaser, and application must be made to Council for a new permit to be issued. Any new Permit must go out for public consultation.
The Permit Holder must comply with all General and Special Conditions of the Permit (for example, fencing or stock requirements), these conditions are provided along with as copy of the finalised permit that all parties must sign.
Along with the General and Special Conditions of the Permit, the Permit Holder must keep all required insurance up to date, provide proof when asked and follow the requirements set out in Section 222 of the Local Government Act 1999.
Permit fees are payable by the Permit Holder annually in advance and will be calculated per hectare. The fees are reviewed and endorsed by Council each year and will be adjusted on a pro-rata basis (a minimum charge is applied).
The Permit fee structure will reflect the use of the land.