What you need to know

Footpaths, roads & drains permits

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This page covers all the permits you may need if your works will impact our footpaths, roads and drains.

Roads and footpaths throughout Moonee Valley are inspected proactively in line with our Road Management Plan. High used footpaths and roads are inspected yearly and all other roads and footpaths are inspected on a three year cycle. We also inspect 500-600 vehicle crossing and 200-300 stormwater connections each year.

Maintenance of roads

We undertake road maintenance works to ensure that the road network is maintained to standards suitable for all users. We are responsible for the maintenance, repair, reconstruction and rehabilitation of local roads. VicRoads is responsible for State highways and declared main roads.

View the list of arterial roads under Moonee Valley and under VicRoads (pdf, 164KB) to determine who the coordinating road authority is for the road.

Minor repair and maintenance of local roads and paths

We carry out a range of road services, including:

  • minor road repairs
  • pothole patching
  • reinstatement following underground works by gas, water, sewerage and telecommunications utilities
  • kerb, channel, footpath and bikepath maintenance issues

To lodge a request for maintenance, click here or contact Citizen Services on 9243 8888.

If the extent of road repair works is beyond general maintenance, funding for major repair or reconstruction of local roads requires our approval under our Capital Works Program.

I want to report an issue with a stormwater drain

You are responsible for the drains and pipes that collect water on your private property. This includes the pipes which run under your footpath or nature strip. If you have a blockage of a pipe or drain on your property, you need to seek advice from a registered plumber.

If you own a property, you are responsible for drains on the property up to the point of connection to:

  • a drainage easement that runs through your property
  • the Council-owned drain or kerb and channel. This is called the legal point of discharge. It includes the pipes which run under the footpath or nature strip.

If you receive advice from a plumber that there is an issue with Council-owned stormwater drains please contact us. You can email us council@mvcc.vic.gov.au or call us on 9243 8888 to report the issue.

Our drains flow either to a creek or a large diameter main drain. If you see an issue with a larger diameter main drain, rivers, or

creeks you can report it to Melbourne Water.

 

Asset protection permit

The majority of building works require materials to be moved to and from the property. We have found that this has the potential to damage our assets around the building site including footpaths, nature strips, kerb and channels, trees, signs, stormwater drainage facilities, laneways and the road pavement.

You need to obtain an Asset Protection Permit to ensure that our assets are protected, or repaired if damaged. The responsibility of protecting Council assets rests with the applicant. Find out more on our City Compliance Building Fact Sheet (pdf, 1MB)

Complete the Asset Protection Application online form which will allow you to pay by credit card.

We will allow the transportation of equipment, machinery, buildings and building mat erials within the road reserve subject to the issue of a permit,

If you have any questions, check out our Asset Protection Policy by clicking here and searching for Asset Protection Policy or contact our friendly Asset Protection Unit on 9243 8888.

Under our local laws, it is an offence to:

  • leave a bulk rubbish container on a road without a permit
  • leave a building site without properly erected temporary fencing
  • leave any rubbish or material around the building site that obstructs the use of the road, endangers any residents or creates a potential health hazard
  • break open any footpath, road or vehicle crossing without the required permits
  • connect any stormwater plumbing into our drains without our approval
Asset Protection Permit Fees
$15,000 to $500,000 $548.30
$501,000 to $1 million $1,095.40
$1 million + $1,448.20

As of Tuesday, 20 November 2018 a security bond of $1,500 will also be required with every Asset Protection Permit. This bond will be refunded after the building work is completed providing there is no damage to Council assets, or any damage is fixed.

Photographs of existing conditions (prior to building works starting)

It is the applicant's responsibility to ensure that an accurate report of existing damage to Council assets is submitted. Photographs of the surrounding area must be submitted with the application. See acceptable and non-acceptable examples (pdf, 1.08MB) when returning a completed Asset Protection application form.

Failing to obtain asset protection

An infringement notice will be issued to the applicant if building works commence without notifying us of the works, or if building works commence prior to the issue of an Asset Protection Permit. We will assume that all public assets were satisfactory prior to the commencement of the building works and that any subsequent damage was caused by building works associated with your property.

Asset protection permit process

Initial inspection

  • Stage one

    Asset Inspection

  • Stage two

    Payment of fee

  • Stage three

    Damaged assets

  • Stage four

    Final inspection

  • Stage five

    Deferred or cancelled work

  • Stage six

    Change bond refund bank details

The applicant is required to report any damage to our assets prior to beginning building works. It is the applicant’s responsibility to inspect the area and report any damage on the Asset Protection Permit application.

Council assets include (but are not limited to):

  • Footpaths
  • Vehicle Crossing(s)
  • Parking Bay(s)
  • Stormwater Pits
  • Trees planted in the naturestrip
  • Roads and/or laneways
  • Kerb and channel

A permit application is generated and sent to the applicant shortly after the lodgement of the building permit with us.

The Asset Protection Fee and security bond must be paid prior to commencement of any building work. This is done when applying through the online form above.

If damage has occurred to Council assets and it is deemed that the damage is associated with your building activity, the extent of damage will be detailed and you will be notified in writing.

Damaged assets are to be repaired to our satisfaction. The contractor must have public liability insurance to a minimum value of $10,000,000. A Consent Permit under the Road Management Act 2004 is also required to carry out any works in the road reserve

We will undertake a final inspection upon notification that the ‘Final Inspection Certificate’ has been issued by your building surveyor or upon advice that works have been completed.

Please advise us of the likely commencement date if building works are not scheduled to begin immediately.

To change bank account details for bond remittance, you'll need to download and complete the asset protection change bank details form (PDF, 356KB) and email back to council at tpermits@mvcc.vic.gov.au along with a scanned copy of a photographic ID (drivers licence, passport).

Deferred or cancelled works

Where building works are not scheduled to begin immediately, please advise us as soon as possible what the likely commencement date would be. Please also notify us should the works be cancelled.

Build over easement permit

Building a structure over a drainage easement or a Council drainage asset requires approval from us and/or Greater Western Water (Activites and General Amenities Local Law 2018 and/or Building Regulations 2018). You are not permitted to apply for habitable rooms (e.g. bedroom, lounge room) to be constructed over an easement.

Property owners must submit the following with their Build Over Easement (BOE) application:

  • completed application form
  • current copy of the Certificate of Title (including subdivision plan)
  • copy of written approval from the relevant water authority (e.g. Greater Western Water), and any other party with vested interest in the easement
  • a scaled plan indicating the easement location and the proposed building or structure to be built over the easement or drain
  • details of all drainage assets in the easement including typical sections through the easement indicating that the proposed foundations will not affect the structural integrity of any existing drains. It is the applicant’s responsibility to verify the location of all drains prior to submitting application for BOE consent.

If approval is granted and one of our assets is located in the easement, a Drainage Inspection permit (pdf, 40KB) may also be required.

Easements

An easement is a right to use another person’s property for a particular purpose.

For example, a drainage easement provides Council (or other parties who benefit from the easement) a right to use and access the land on which the easement is located for the purposes of installing, maintaining, upgrading, repairing and replacing drainage infrastructure. Easements may also provide overland flow paths for stormwater runoff.

What you can put over an easement

Council can provide you with directions as to whether and how a building or structure may be permitted over an easement and/or Council-owned drains.

What may be permitted over an easement:

  • removable carports
  • concrete driveways and pavers
  • wooden fences parallel
  • wooden fences crossing.

What will not be permitted over an easement:

  • habitable structures
  • above or in-ground swimming pools
  • permanent structures
  • brick fences crossing.

Typically, an easement is registered on the certificate of title to the property on which the easement is located.  The certificate of title to a property affected by a registered easement will generally specify the location and purpose of the easement and identify the parties which have the right to use the easement.  This allows a prospective purchaser to make an informed decision before purchasing a property.  It also means that the easement continues to apply notwithstanding a change in property ownership (i.e. it binds future owners of the land).

However, not all Council-owned drainage assets will be protected by a registered easement – in some circumstances, a drainage or other service asset may be located in privately-owned land which is not subject to a registered easement.

A stormwater drain may already be located within an easement. It could be a Council-owned drain or a private drain servicing other properties in circumstances where those other properties have the right to use and access the easement.

Access to an easement may also be important in circumstances where no drain currently exists but could be required for that purpose in the future, or where the easement is required for overland flow of water.

Easements can exist for other purposes such as a carriageway or electricity supply and may provide rights to other authorities and property owners.

Erecting a building or structure over the easement and/or stormwater drains

An easement serves the purpose of providing access to an existing or proposed service or asset, or to protect an existing overland flow path to prevent flooding.

It is the property owner's obligation to ensure that any proposal to install or erect structures within the property or adjacent to an easement or existing drain complies with Council’s Build Over Easement Policy and does not prevent, hinder or impact on the intended use of the easement or drain.

A structure is defined as any structure or earthworks and includes, but is not limited to:

  • buildings as defined in the Building Act 1993
  • structures such as swimming pools, garden sheds, walls, pergolas, decking, driveways, paving, fences, pols, signs, hot water services etc.

More information

Build Over Easement - Fact Sheet (PDF)

If you need further information contact (03) 9243 8888.

Build Over Easement Permit Fees
Build over easement costs $350
Build over easement legal agreement cost $990

Works Zone permit

A "Works Zone" is a parking area on the carriageway, next to a construction site, which is exclusively for the use of vehicles engaged in the construction work at that site.

Property owners and/or builders can reserve a "Works Zone" for a period of three (3) months via our Works Zone permit application form (pdf, 58KB). Applicants must provide a legible sketched plan.

Fees and charges will apply to all applications and are available on the application form. To pay these by credit card please complete and submit a Credit Card Authorisation Form (pdf, 80KB) with your application.

Occupying a metered parking area will incur additional fees to be determined by us.

Extension of the permit will be considered every three months for a further fee and must be submitted at least two weeks prior to the expiry date.

We will erect and remove the "Works Zone" signs at the beginning and end of the permit period.

More information

For more information on works zone permits please contact our Customer Service team on 9243 8888.

Drainage applications and permits

Drainage Inspection permit

We require an inspection of any:

  • connection to a drain or drainage system
  • easement or asset vested in or under our control
  • works undertaken within an easement

You must also complete a Drainage Inspection online application before beginning any of these activities.

If the works are to be carried out in the road and/or nature strip, a Works within a Municipal Road Reserve online application will also need to be completed.

 

If you have any questions please contact our Technical Permits Unit on 9243 1199.

Application for Legal Point of Discharge

When undertaking new building works, a legal point of discharge for the stormwater run-off will be required. For multi-unit developments the developer may be required to connect to an existing drain, construct a new drain or provide an on site detention system.

Some extensions to an existing building may be connected into the existing stormwater system. Your building surveyor can advise on this.

Complete the form most relevant to your application:

Legal Point of Discharge Fees
Legal Point of Discharge application $159.50

Please see our Legal Point of Discharge Policy (pdf, 500KB).

If you have any questions please contact our Development Engineering Unit on 9243 8888.

Application for Stormwater Asset details

Are you looking for information about council stormwater drain, pit or easement details for a development? Complete the relevant application form:

Depending on location, drainage details are not always available or reliable.

Stormwater Asset Fees
Council Stormwater Asset details cost $310

Drainage requirements for developments

Stormwater and design requirements

We have a stormwater drainage policy to control:

  • the manner in which proposed developments discharge their stormwater runoff
  • unnecessary surface flows
  • overburdening of existing infrastructures

Assessment of engineering design plans and calculations by Council is only necessary if specifically requested by us through a development’s Legal Point of Discharge, Planning Permit Conditions or otherwise. We generally assess engineering plans under the following circumstances:

  • Internal drainage systems where an On-Site Detention, Pump or Pressurised System is required. Additionally, where Council deems a development may pose a flood risk to an adjoining property, assessment of the drainage design plans may be required.
  • Where a development’s Legal Point of Discharge or Planning Permit Conditions requires the construction of a new Council asset, submission of detailed engineering design plans, prepared by a suitably qualified Civil Engineer, is required (e.g. new barrel drains, footpaths, or Right of Way constructions etc).

To apply, please complete the relevant form:

Please attach all design plans, calculations, endorsed Condition 1 plan, and any other relevant supporting documentation.

Stormwater & Design Fees
Design checking cost - Civil works Council assets $305
Design checking cost - Internal drainage designs $235

Works within a Municipal Road Reserve (also known as Road Opening or Minor Work Consent) online application

In addition to obtaining a drainage inspection permit, you must obtain consent from the Coordinating Road Authority (VicRoads or MVCC) before undertaking drainage works within the road reserve.

If you are unsure who the Coordinating Road Authority is, view the interactive map of arterial roads under VicRoads authority.

Applying for consent

Complete the Works within a Municipal Road Reserve online form which will allow you to pay by credit card.

More information

Please see our Works within a Municipal Road Reserve policy by clicking here and searching for Works Within Road Reserve Policy.

 

Works on arterial roads

If you are undertaking drainage works within arterial road reserves you will need consent from VicRoads.

For more information, contact VicRoads.

Want to know more?

For more information about road works, call us on 9243 8888.