Building over an Easement and other Council Infrastructure

What is an easement?

An easement is a section of land registered on a Certificate of Title providing the easement proprietor with a right of access to your land for the purpose of constructing, replacing, maintaining or upgrading infrastructure located within the easement. In some circumstances easements are also used to provide overland flow paths for stormwater runoff. As the landowner, you must not cause, suffer or permit any works or activities which may inhibit Council’s ability to perform such works.

Development Applications

In accordance with Section 35(1) of the Development Act 1993, if your application is found to be for a complying type of development, Council will be obliged to approve your development application.

However, please note that this consent does not obviate the need for you to obtain a separate authorisation from the relevant agency to place your building over an easement or over Council’s stormwater infrastructure.

It is advised that you contact the Operations Department on (08) 8621 2323 to obtain approval to construct a building or structure over an existing easement before seeking Development Approval.

Your building will need to be redesigned if you are unable to obtain an authorisation. Should you choose to proceed with the development without first obtaining Council consent, you may be directed to remove any completed, or partially completed structures from Council’s easement.

For merit or non-complying development applications, the locations of buildings/structures relative to the locations of easements and Council infrastructure will be considered as part of the assessment of the application.

Download Information Guide 17: Building over an Easement and other Council Infrastructure