Asset Protection Permit Terms and Conditions - Effective 5 October 2021
Upon payment of an asset protection permit, the permit holder accepts and agrees to the asset protection permit terms and conditions.
1. The asset protection permit holder is to take all necessary precautions to ensure that roads, pavements, reserves, public assets and Council land are not damaged as a result of the building works.
2. The asset protection permit holder must ensure the following:
a) Building work is undertaken in a safe manner; and
b) Building material, debris, or temporary fencing does not damage or encroach upon a road, pavement, reserve, public asset or Council land; and
c) Roads, pavements, reserves, public assets and Council land within the vicinity of the building work and/or potentially impacted by the building work are kept in a safe, tidy, and unobstructed state; and
d) Building work does not cause any detriment to any Council stormwater drain or underground stormwater drainage system; and
e) The building site is managed appropriately to ensure there is no stormwater pollution or the deposit of sediment on any roads, pavements, reserves, public assets and Council land; and
f) Any water discharged from the building site is not fouled; and
g) Vehicles associated with the building work park and/or deliver building material do so in a manner that does not cause any detriment to roads, pavements, reserves, public assets and Council land.
3. The point of entry to the site including the transport of materials and equipment must be confined to a vehicle crossing constructed to Council standard(s) unless specific approval has been sought and an authorised officer has granted use of an alternative temporary point of access. A permitted temporary point of entry must be maintained in a safe condition for road, pavement, reserve, public asset and Council land users at all times. A Works Permit may be required to construct a temporary point of entry.
4. The asset protection permit holder must not access, cross or use a Council reserve without obtaining prior permission. An application to access a Council reserve can be made via Application to access a park or reserve.
5. Council reserves the right to place any additional or modified permit conditions that are considered necessary on any application, and such permit conditions shall form part of the asset protection permit.
6. Should building work commence prior to Council conducting an asset protection permit Pre-Build inspection, any damage observed during the Pre-Build inspection will be considered resultant of the commenced building work.
7. At the conclusion of building work a copy of the associated building permit(s) Occupancy Certificate(s) and/or Certificate(s) of Final Inspection must be provided to Council via post or emailed to firstname.lastname@example.org.
Note: An asset protection permit final inspection will not be conducted and/or the bond refunded (where applicable) until Council is in receipt of Occupancy Certificate(s) and/or Certificate(s) of Final Inspection.
8. Council reserves the right to issue the asset protection permit holder an invoice to cover any cost incurred as a result of the requirement for Council to undertake interim make-safe/repair works to any damage presenting as a public hazard to minimise risk during the course of the building work.
9. Any damage associated with a Council drainage pit, road pavement, sign or street tree will be repaired and/or reinstated by Council resulting in the bond being retained to cover associated costs. In the event that Council cost(s) exceed the value of the bond, the asset protection permit holder will be issued with an invoice to cover additional costs.
10. It is recommended that protective fencing be erected around street trees. This may also be a mandatory condition under an associated planning permit. Interference, damage, or removal of a street tree is an offence under Yarra Ranges Shire Council Neighbourhood Amenity Local Law 2020.
11. Where a Reinstatement Works Notice or Notice to Comply has been issued for repair of damage associated with building work, the asset protection permit holder must ensure the repair work is carried out to Council standard/specification within the nominated time frame/by the specified due date unless an extension of time to complete the reinstatement works has been sought and granted by Council. Failure to do so will result in Council undertaking the necessary reinstatement work and retaining the bond. Where Council costs exceed the value of the bond, the asset protection permit holder will be issued with an invoice to cover additional costs.
12. Where damage has occurred to a road, pavement, reserve, public asset and/or Council land as a result of a service authority connection (i.e. gas, telecommunications, water, power, etc) associated with the building work it is the responsibility of the asset protection permit holder to contact the relevant service authority(s) to arrange and/or follow up on the associated reinstatement works. The asset protection permit bond will not be refunded until the relevant authority(s) has completed the reinstatement work to Council standard/specification.
13. Where a Reinstatement Works Notice or Notice to Comply not been complied with the asset protection permit holder remains liable for all actions, claims, losses, damages, penalties and demands as a result of the damage until the reinstatement has been completed by Council.
14. The asset protection permit bond will be refunded to the person/company who paid the bond upon Council being satisfied that there has been no damage as a result of the building work, or that damage has been reinstated to Council standard/specification.
15. In addition to the requirement to obtain an asset protection permit, a works permit may be required for activities on roads, pavements, reserves, public assets and Council land including, but not restricted to:
- Alteration to an existing vehicle crossing; and
- Construction of a new vehicle crossing; and
- Installation of a temporary point of access; and
- Point of discharge (stormwater) connection; and
- Water tapping
16. An asset protection permit will reach conclusion under the following circumstances:
- Council has been provided with a copy associated building permit(s) Certificate(s) indicating associated building work has been completed, or receipt of notification from a building surveyor that an associated building permit has lapsed/expired; and
- An asset protection permit final inspection reveals no outstanding items or issues remain to be addressed; and
- The bond has been refunded; or
- The bond has been retained to cover costs for Council to reinstate damage and the reinstatement works have been completed by Council; or
- The bond has been retained to cover costs for Council to reinstate damage and the reinstatement work has been completed by Council and an invoice has been issued to the asset protection permit holder to cover additional costs in excess of the value of the bond.
Council specifications/standard drawings may be obtained via our Standard Drawings web page.
Yarra Ranges Council Neighbourhood Amenity Local Law 2020, including definitions, may be obtained via our Neighbourhood Amenity Local Law 2020 web page.
It is important to note that the asset protection permit fee is inclusive of one (1) Pre-Build inspection and one (1) Final (Post-Build) inspection. The necessity for Council to conduct additional inspection(s) may result in additional inspection fee(s) being charged to the asset protection permit holder. To secure a successful Final inspection and asset protection permit bond refund (where applicable) please refer to Council’s Asset Protection Permit ‘Final Inspection Checklist’ ensuring that all checklist items have been completed. The ‘Final Inspection Checklist’ can be found on the Final Inspections Checklist tab on this current page.
For any queries relating to asset protection permits please email email@example.com or contact the Asset Protection team via 1300 368 333.