Road Occupancy Permit Terms & Condition

Permit Application:

13.1 The assessing Council Officer will contact the applicant within 10 (ten) working days if they need to discuss or seek clarification in relation to any aspect of the application. In some instances, the Officer may request additional information or amendments to your proposal in order to complete their assessment.

13.2 The Applicant must conform to all the requirements of this agreement together with the conditions issued by Council with an approved Permit.

13.3 The Applicant must provide Council with a copy of their Public Liability Insurance to the value of at least $20,000,000 (twenty million dollars). The Inner West Council needs to be noted as an interested party to the insurance policy for activity on Council roads and footpaths.

13.4 Immediate processing of applications is not guaranteed, and Council will not be responsible for the consequences caused by late applications or insufficient information.

13.5 The Applicant shall indemnify the Council;

• Against all claims and expenses and costs arising therefrom made or recovered against the Council by any person arising out of any work done or purported to be done by the applicant under the authority of this Permit.

• Against all claims and expenses and costs therefrom made or recovered against the Council by any person and against all loss damages costs and expenses incurred by the Council arising out of the failure of the applicant to comply with the provision of any Act, Regulation, Ordinance or By-law or any order or direction lawfully given thereunder by any person relating in any work done or purported to be done by the applicant under the authority of this Permit.

General Work Times:

13.6 Unless otherwise approved by Council, work shall only be permitted during the following hours:

• 7:00 am to 6.00 pm (In-line with DA Conditions) Mondays to Fridays, inclusive (with demolition works finishing at 5pm);

• 8:00 am to 1:00 pm on Saturdays with no demolition works occurring during this time; and at no time on Sundays or public holidays.

13.7 If approved by Council, works may be undertaken outside these hours where they do not create any nuisance to neighbouring properties in terms of dust, noise, vibration etc. and do not entail the use of power tools, hammers etc. This may include but is not limited to painting.

13.8 In the case that a special permit is obtained from Council for works in association with this development, the works which are the subject of the permit may be carried out outside these hours. This condition does not apply in the event of a direction from police or other relevant authority for safety reasons, to prevent risk to life or environmental harm.

Noise:

3.9 The use of any equipment or activities must not result in any “offensive noise” as defined by the Noise Control Act.

13.10 Activities generating noise levels greater than 75dB (A) such as rock breaking, rock hammering, sheet piling and pile driving shall be limited to:

• 8:00 am to 12:00 pm, Saturday; and
• 8:00am to 5:00 pm Monday to Friday.

13.11 The Proponent shall not undertake such activities for more than three continuous hours and shall provide a minimum of one 2-hour respite period between any two periods of such works. “Continuous” means any period during which there is less than an uninterrupted 60-minute respite period between temporarily halting and recommencing any of that intrusively noisy work. Noise arising from the works must be controlled in accordance with the requirements of the Protection of the Environment Operations Act 1997 and guidelines contained in the New South Wales Environment Protection Authority Environmental Noise Control Manual

Fees & Charges:

13.12 An application is only valid when the fees specified for payment at lodgement have been paid to Council.

13.13 A Permit is only valid on the condition that all required fees are paid to Council in accordance with Council's adopted Fees & Charges.

13.14 Lease fees, calculated on whole weeks, are applicable on approval of permit and payable prior to erection of hoarding, scaffolding, fence, road or footpath occupation.

13.15 Additional fees are payable following expiry of permit date if structure is still erected on Council land.

13.16 The Applicant must pay additional charges, in accordance with Council's current Fees & Charges, if Council's Officers determine the application has exceeded the initial estimation or measurement. 

Traffic Management:

13.17 No traffic control shall be undertaken without a traffic management plan being submitted to and accepted by Council.

13.18 The Applicant and/or Applicant's contractor must employ adequate site, traffic and pedestrian control/protection measures at all stages of the activity in accordance with Australian Standards 1742.1, 1742.2, 1742.3 and 1743 Traffic control devices for works on roads and RMS Traffic Control at Work Sites Manual Guidelines.

13.19 The Council does not approve Traffic Control Plans. The TCP submitted with the application is viewed as a document containing information about the impacts on traffic flow only and is NOT evaluated from the viewpoint of risk assessment of Work, Health and Safety.

13.20 If works are less than 50 metres from traffic lights, or on State road, the Applicant must provide Council with a relevant Transport for NSW (TfNSW) Road Occupancy Licence (ROL). Some classified roads may also require an ROL. Classified roads can be found on:  RMS Classified Road Schedule  

13.21 TfNSW has responsibility for the road pavement and kerb and gutter on State Roads. If the main traffic route is a classified State Road, the applicant shall apply for a permit from TfNSW as well as obtaining written approval from the Police Traffic Branch. Note that Council is responsible for works, activities, occupation and restoration on footpaths of all roads including State Roads and will be responsible for the issuing of permits for such.

13.22 A minimum 1.5m wide accessible path of travel must be maintained for pedestrians at all times, clear of obstructions between the adjacent property boundary(s) and the approved area/articles- otherwise an appropriate alternative pedestrian thoroughfare is 

Police Approval:

13.23 For works occurring on the roadway with consequent interruptions to traffic, the applicant is to contact the local Police Traffic Sergeant. An acknowledgment is to be obtained and a copy of that acknowledgement shall be held on site so that it can be produced if requested by any person or other authority. 

Resident/Business Notification:

13.24 The Applicant shall be responsible to notify affected businesses, residents and other occupants at least two (2) days prior to undertaking the works/activity. Any concerns or requirements raised by business proprietors, residents and other occupants must be resolved or accommodated.

General:

13.25 A copy of the Permit must be held on site and be available for inspection whilst the works/activity is being carried out.

13.26 Separate Council approval is to be obtained prior to the placement of any waste storage container on the footway or roadway.

13.27 Use of road, footpath and/or Council carpark for the purpose of providing short term community services such as blood bank, breast screening, etc., or for events deemed to have significant local or community benefit are exempt from fees, subject to approval.

13.28 All excavation, construction and restoration works must comply with Council’s specifications.

13.29 The Permit has a Licence component which has a start and finish date which is identified as part of the application.

13.30 Welding and / or grinding is not permitted with a footpath occupation permit.

13.31 Any fencing must be set back at least 600mm from the face of kerb    

Safety and legislation:

13.32 The Applicant shall maintain no adverse impact on road safety for road users including pedestrians and cyclists. Provision is to be made for service vehicles, resident vehicles etc. to gain access to properties at all times.

13.33 The Applicant must comply with all of the agreements, declarations and conditions of the Work, Health and Safety Act 2011, Work Cover NSW, NSW Dial1100 before You Dig Service, Council's Fees & Charges, Environmental and other Legislation, Council policies and any other Regulation applicable to the activity.

13.34 Where in Council's opinion, inadequate barricading and/or lighting has been provided around the works or activity, Council may, without prior notification, install additional barricades and/or lamps and charge the applicant.

Heritage Issues:

13.35 Many streets within the Inner West Council area have footpaths constructed of bricks in the early 20th century. Some concrete footpaths have coloured street name letters inlaid in the concrete. This footpath infrastructure has heritage significance and the applicant shall ensure that the works/activities are undertaken with every possible precaution taken to prevent damage. On completion of the works, the cost of any rectification required to address any damage shall be met by additional charges imposed on the applicant or deducted from any bond(s) held by Council. 

Site Management:

13.36 The site shall be maintained in a safe condition. The applicant shall, in demand, pay to the Council all expenses and costs incurred by the Council in respect of the repair or restoration of the footway or roadway rendered necessary as a result of any work or thing done or purported to be done by the applicant under the authority of this Permit.

13.37 The areas to be used for the activities must be maintained in a clean and tidy condition to the satisfaction of Council’s Engineering Services Manager. Failure to comply may result in the applicant being required to reimburse Council for any extraordinary cleansing costs.

13.38 Should Council incur costs as above or any of Council’s property and/or the physical environment sustain damage during the course of the occupation, or if the works put Council’s assets or the environment at risk, Council may carry out any works necessary to repair the damage and/or remove the risk. The cost of these works shall be borne by the applicant and/or if applicable, may be deducted from any security deposit/ bonds held by Council.

Extension of Permit:

13.39 The Applicant shall contact Council at least two (2) days prior to the original expiry date for any required extension of time for the occupation, or an additional application may be required with full payment of applicable application fees. Any extension of time will incur applicable weekly Lease fees.

13.40 If the works are postponed due to unforeseen circumstances, the Applicant must advise the Council Representative in writing of the proposed revised date, as soon as practicable after the decision is taken to not proceed with the original approved date(s). Updated Police and RMS approvals, where applicable, are required. Providing there are no changes to the original traffic management plan and the road is available for use, a revised permit may be issued.

Application Declaration:

• I declare that all the information in the application is to the best of my knowledge, true and correct
• I understand that if the information is incomplete, the application may be delayed/rejected or more information may be requested and accept delays in processing may arise out of any inadequacies in the material submitted in support of the application
• I acknowledge that if the information provided is misleading, any approval granted ‘may be void’
• I declare that any electronic data provided is a true copy of all plans and associated documents submitted with this application.
• I declare that any electronic data is not corrupted and does not contain any viruses
• I understand that Council will use the information and materials provided for notification and advertising purposes if required.
• I have read, understood and agree to comply with Council’s permit conditions, and I agree to indemnify the Council against any action or claim for damages arising from work being undertaken under this permit.
• I will ensure safety at and around the works site is controlled and is in accordance with WorkCover requirements.
• I understand that Council will not commence processing of my application until such time as fees are paid.  I agree to pay the fees within 7 days of receipt of an invoice from Council.  I understand that if the fees are not paid, the application will be rejected and returned to me.