Part 9WORKS IN THOROUGHFARES

PART 9—WORKS IN THOROUGHFARES Division 1—General 9.1 Works in public property A person must not carry out any works in a thoroughfare or public place without first obtaining written approval from the local government, in accordance with regulation 17 of the Local Government (Uniform Local Provisions) Regulations 1996, unless otherwise provided for in this local law. Division 2—Verges 9.2 Verge treatment The owner or occupier of land adjacent to any thoroughfare may only treat the verge in front of such land with a permissible verge treatment and in any event must not— (a) alter the finished level of the verge; (b) excavate the verge within the drip line of any street tree; or (c) cover or obstruct any manholes, gullies or inspection pits which are serviced from time to time by the local government. 9.3 Permissible verge treatments (1) The owner or occupier of land which abuts a verge may on that part of the verge directly in front of such land install— (a) a permissible verge treatment; or (b) irrigation pursuant to clause 9.4(h). (2) A permissible verge treatment is— (a) the planting and maintenance of a lawn; (b) the planting and maintenance of a garden provided that— (i) clear sight visibility is maintained at all times for a person using the abutting street in the vicinity of an intersection or bend in the street or using a driveway on land adjacent to the street for access to or from the street; (ii) where there is no footpath, a pedestrian has safe and clear access of a minimum width of 1.5m along that part of the verge immediately adjacent to the kerb; (iii) it does not include a fence, wall or built structure; (iv) it does not include concrete slabs, bricks, rocks, logs, bollards, reticulation boxes, garden ornaments or garden stakes, (v) it does not include loose and uncompacted, inorganic and poorly graded materials greater than 5mm in size, including gravels, crushed bricks or loose stones; (vi) it does not contain artificial grass; (vii) no plant (except grasses or similar plant) is within 6m of an intersection or within 1.5m of a carriageway where there is no footpath; and (viii) it is not of a thorny, poisonous or hazardous nature. (c) the installation over no more than one third of the area of the verge (excluding any vehicle crossing) of an acceptable material in accordance with subclause (4), and the planting and maintenance of either a lawn or a garden on the balance of the verge in accordance with paragraph (a) or (b); or (d) the installation of an acceptable material. (4) A person must not install or maintain a verge treatment which is not a permissible verge treatment. (5) In this Part acceptable material means any material which would create a hard surface, and which has been approved by the local government. 9.4 Obligations of owners or occupiers for verge treatments An owner or occupier who installs and maintains a permissible verge treatment must— (a) repair and make good any damage to the verge treatment at such owner’s or occupier’s expense; (b) keep the verge treatment in good and tidy condition and ensure, where the verge treatment is a garden or lawn, that no obstruction of any sort (physical, sight or other) is caused to any accessway, footpath, pavement or thoroughfare; (c) ensure that clear sight visibility is maintained at all times for a person using the abutting street in the vicinity of an intersection or bend in the street or using a driveway on land adjacent to the street for access to or from the street; (d) lay, install or pave a surface with an acceptable material only; (e) not place any obstruction on or around any verge treatment;