Hoarding on council land and roads
'Hoarding' refers to placing mini skips, shipping containers, erecting scaffolding, installing a temporary toilet or placing building materials or other objects on council land or roads.
The City of Salisbury is committed to providing a safe environment for all residents. mini skips, shipping containers and other building materials may potentially cause a safety risk to the public if they are placed incorrectly.
Under City of Salisbury By-Law 3 - Roads, approvals must be sought from council for using the council land and roads for hoarding.
Council requires the customer or builder (applicant) to lodge a Hoarding Permit Application with Council prior to the placement of the bin:
The applicant must allow at least four working days for the application to be approved.
You are required to provide with your application the following:
- Public liability insurance certificate of currency (minimum $20 million)
- Detailed site plan showing all activity on the road
- Work zone management plan (documenting how you intend to manage the work zone) *
- Detailed traffic management plan (if hoarding encroaches onto the road)
*Not required for mini skips or shipping containers
Once the application has been received, Council will assess your application to ensure the location is suitable for the hoarding and that it complies with the permit general and special terms and conditions as provided below.
- Hoarding application for commercial/industrial locations and premises - $545
- Hoarding application for residential locations and premises and other minor hoarding at other locations - $66
- Hoarding application for charity/community groups - $12
Please note rubbish skips/shipping containers etc on private land do not require council approval.
Background
- The City of Salisbury (“the council”) is a council constituted under the Local Government Act 1999 (“the Act”) and it is entitled to exercise the powers conferred on it by the Act.
- The council is vested with the fee simple of the whole of the roads (which includes all footpaths) within the council's area (“the public roads”).
- The permit holder is not permitted to erect, install or place or cause to be erected, installed or placed any structure, item or material of any kind on a road without a permit from the council issued in accordance with the Act.
- The council has agreed to grant a permit to the permit holder to erect, install or place or cause to be erected, installed or placed any structure, item or material of any kind on the road in accordance with the terms and conditions of this permit.
Grant of permit
The council will grant the permit holder a permit pursuant to paragraph 2.6 of Council By-Law 3 - roads to erect, install or place or cause to be erected, installed or placed any structure, item or material of the kind specified in the permit on the road for the period set out in the permit.
When this permit is issued:
- The permit holder agrees to comply with the general conditions set out in this permit.
- The permit holder agrees to comply with any special conditions that are set out in this permit.
- The permit holder will provide a copy of all certificates that are required by the general conditions and/or the special conditions of this permit.
Interpretation
In this permit, reference to:
- “Council” means the City of Salisbury of 34 Church Street, Salisbury, South Australia and includes its members, employees agents and authorised representatives;
- “Council officer” means an employee of the council;
- “Permit” means this permit granted by the council;
- “Permit holder” means the person specified in this permit and includes its employees, contractors, agents and invitees
- “Road” means that part of the road within the council's area that is the subject of this permit
- “Hoarding” means the structure, item or material to be erected, installed or placed on the road pursuant to this permit and as specified in this permit.
General conditions
Indemnification and release
The permit holder agrees to indemnify the council from and against all actions, costs, claims and damages, which may be brought or claimed against the council arising out of or in relation to the granting of this permit, except where any action, cost, claim or damage is caused by the negligence or default of the council, its officers, employees or agents.
The permit holder acknowledges and agrees that the council shall in no way be responsible or liable for any loss or damage caused to any structure, item or material of any kind located on or adjacent to the road (whether it forms part of the permit holder's use of the road or not) and the permit holder releases the council from any liability or claim resulting directly or indirectly from any accident, damage, loss or injury occurring or arising from or to the structure, item or material of any kind except where any liability or claim is caused by the negligence or default of the council its officers, employees or its agents.
Public risk insurance
The permit holder agrees to effect and maintain during the permit period a public risk insurance policy from a reputable insurer in the name of the permit holder for the minimum amount of twenty million dollars ($20,000,000) per claim and such policy must cover injury, loss or damage to persons or property arising out of the activity carried out under the authorisation or the granting of the authorisation by the council.
A certificate of currency must be provided to the council prior to the structure, item or material being erected, installed or placed on the road.
Industry standards
During the period of this permit, the permit holder must comply with any applicable Industry or health and safety standards in relation to the activity approved by the council. The permit holder must ensure that the activity being conducted is conducted in a safe and responsible manner.
Permit not transferable
This permit is NOT transferable
Compliance with statutory requirements
The permit holder agrees at its own cost and expense to comply with any Act of Parliament, regulation or by-law relating to the activity.
Comply with directions from council officers
The permit holder shall comply with any reasonable directions given by a council officer in respect of the erection, installation or placement of the structure, item or material on the road, public safety and/or the prevention/mitigation of damage to the council property.
Notification of damage
The permit holder agrees to take all reasonable precautions to avoid damage to the road or any part of the road when using the road.
If the permit holder does cause damage to the road or any part of the road, or any council property, as a result of the permit holder's use or misuse of the road, the permit holder must at its own cost and expense rectify the damage and reinstate the road to the reasonable satisfaction of the council within the time specified by the council, being a reasonable period, by notice in writing.
If the permit holder fails to rectify and repair any such damage to the road, or any council property, within the time specified, the council may undertake the rectification and repairs itself, without formal notice having first been given to the permit holder, and the council shall be entitled to recover any costs incurred in doing so from the permit holder as a debt.
Breach
If the permit holder breaches a provision of this permit, the council shall give the permit holder written notice of the breach requiring the permit holder to remedy the breach. The notice will identify that failure to remedy the breach will result in the cancellation of the permit.
If the permit holder fails to remedy the breach within a time specified in the council's notice then the council may cancel the permit.
If the council cancels the permit, the council will be entitled to remove any structure, item or material from the road, reinstate the road and recover the cost of doing so from the permit holder as a debt.
Contractual rights only
This Permit does not confer on the permit holder any exclusive right, entitlement or proprietary interest in the Road.
Special conditions
The road outside the area specified in the permit shall be kept clear of plant, equipment, materials debris and rubbish at all times.
At all times provision shall be made for pedestrian access. Each site shall be assessed accordingly and pedestrian access could include, but not be limited to:
- a minimum 1200mm wide continuous access path of travel
- signage directing pedestrians to use alternate path of travel
- approved pedestrian access specified in the detailed traffic management plan
The area is to be delineated with bunting flags or temporary fencing with appropriate flashing lights or reflective material which are to be operating at night and is to be monitored/maintained at all times.
If machinery (e.g. bobcat or backhoe etc) is to be used to cross the footpath area, signs must be erected advising pedestrians to use an alternative footpath.