Road Encroachment Policy

The Council's Road Encroachment and Sale Policy covers the regulation and management of the use of legal road for private purposes.

The policy has five principles:

  • Protection of rights
    The public have unimpeded access to legal road for free pedestrian and traffic movement.
  • Protection of community amenity
    The road corridor adds to streetscape value and environmental and ecology purposes.
  • Public and private benefit
    Unformed legal road can have significant public benefit by providing space for utilities and adding amenity value.
  • Disposal of assets
    Wellington's topography and legal road layout means that some parts of the legal road may never be needed for Council business. 
  • Transparency
    The public can see how encroachment and road stopping applications are evaluated.

Encroachment types

As well as road encroachments the policy also covers residential and commercial applications for airspace, subsoil and Town Belt encroachments.

  • Airspace encroachment
    Includes balconies, conservatories or eaves that encroach into airspace above legal road.
  • Subsoil encroachment
    Includes building foundations, underground parking spaces and underground tanks.
  • Town Belt encroachment
    Applications for encroachments onto Town Belt land are not permitted.