Timeline: We will get back to you with a decision within 4 weeks of your application.
Step 1: Checking your application
We will check your application to make sure you have sent all the required information.
If we need more information to process your application, we’ll ask you for it. If we don't receive this within 6 months of asking for it, your application may lapse and you may need to apply again.
Step 2: Assessing your application
We will assess your application against the Road Encroachment and Sale Policy, and with other Council business units who may be involved, eg our Roading and Traffic team or Parks and Gardens team.
Step 3: Making the decision
We will inform you of the decision. The whole process can take up to one month.
What if your application is successful?
We’ll send you:
- the terms and conditions of landowner consent
- the licence agreements – which you’ll need to sign, witness and return within 30 days
- a bond if we decide that is necessary (the Council’s senior roading engineer sets this bond)
What do you need to do?
Within 30 days:
- Sign, witness and return the licence agreements to the encroachment team
- Apply for other consents if you haven't already done so:
How long do you have to build your encroachment?
You will have 18 months to build you encroachment.
If you think you will need more time, contact us for an extension to the timeframe.
Getting your bond back
If you’ve paid a bond, email firstname.lastname@example.org when you’ve finished all the work, and have your Code of Compliance if you needed a building consent. Ask us to come and inspect your work so you can get your bond returned.
You'll receive a refund of your bond once your work passes the inspection.
If your work doesn't pass the Council's inspection, we’ll ask you to remedy it and give you a timeframe in which the work needs to be done. If it isn’t done within the required timeframe, we may use the bond to remedy the work.
Inspecting your encroachment structure
We’ll inspect the encroachment structure:
- either within the 18 months period when you contact us to do so
- or after the 18 months period if we haven’t heard from you.
What if we decline your application?
If we decline your application, we’ll send you a letter outlining the reasons why we’ve made that decision.
Unformed legal road
To apply to buy an area of unformed legal road, refer to: Road Stopping