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The private use of legal road is governed by the Council’s Road Encroachment and Sale Policy 2004. The Policy covers regulation and management of the use of legal road for private purposes. It has the following four 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 contributes 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 required for Council business.
- Transparency - The public are able to see how encroachment and road stopping applications are evaluated.
Road Encroachment Policy
Encroachment Types
In addition to 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.
Department Details:
Encroachments
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