Are Vehicles Trespassing On Your Land Or Blocking Your Driveway ...

Department of Local GovernmentARE VEHICLES TRESPASSINGON YOUR LAND OR BLOCKINGYOUR DRIVEWAY ?WAYS TO RESOLVE VEHICLE TRESPASS ANDDRIVEWAY OBSTRUCTION PROBLEMSIDEAS AND SUGGESTIONS FOR LANDOWNERSAugust 1998

Department of Local GovernmentCONTENTS !ARE VEHICLES TRESPASSING ON YOUR LAND OR BLOCKING YOUR DRIVEWAY? 3

Department of Local GovernmentFOREWARD • • • • • !"4ARE VEHICLES TRESPASSING ON YOUR LAND OR BLOCKING YOUR DRIVEWAY?

Department of Local GovernmentRECENT REFORMS AND WHY THEY WERE NECESSARY# $ !% ! &! ' ( # ) *+,,-$ . ' &. / ARE VEHICLES TRESPASSING ON YOUR LAND OR BLOCKING YOUR DRIVEWAY? 5

Department of Local Government • 0 1233 !144335• 0 1233 !144335• 0 1233 !144335• % ' ! 6ARE VEHICLES TRESPASSING ON YOUR LAND OR BLOCKING YOUR DRIVEWAY?

Department of Local Government ! " ! #"" $ %% ARE VEHICLES TRESPASSING ON YOUR LAND OR BLOCKING YOUR DRIVEWAY? 7

Department of Local GovernmentTHINGS THAT LANDOWNERS AND OCCUPIERS CAN DOTO MINIMISE OR PREVENT VEHICLE TRESPASS ANDRELATED PROBLEMS ON PRIVATE LANDResponsibility6 Landowners should ensure that fences and gates are adequate ) Multiple occupancy residential flat buildings and commercialpremises – effective management may be part of the solution !08• • ( • • 5• ARE VEHICLES TRESPASSING ON YOUR LAND OR BLOCKING YOUR DRIVEWAY?

Department of Local Government ! ( Same solutions applicable to multiple use and/or occupancypremises 7 8 ( ( Body corporates may also consider application of more effectivesanctions ( ( & ! ( ARE VEHICLES TRESPASSING ON YOUR LAND OR BLOCKING YOUR DRIVEWAY? 9

Department of Local GovernmentWhat can be done if planning restrictions or other factors preventthe installation of perimeter fences and gates? ) 9 Parameters on Police or council involvement *10ARE VEHICLES TRESPASSING ON YOUR LAND OR BLOCKING YOUR DRIVEWAY?

Department of Local GovernmentHOW TO DEAL WITH PROBLEMS INVOLVING VEHICLESOBSTRUCTING DRIVEWAYSObstructed driveways are essentially a roads and traffic issue: ) Causes of the problem % What can be done to minimise or prevent this problem?* &! 0• • ! • %( • % • ! ARE VEHICLES TRESPASSING ON YOUR LAND OR BLOCKING YOUR DRIVEWAY? 11

Department of Local Government % ! 0• • & * %Law enforcement options& ;

Department of Local GovernmentMay councils exercise or acquire comparable powers?$$..

Department of Local GovernmentFREE PARKING AREA AGREEMENTS BETWEENLANDOWNERS AND COUNCILSResponsibilities of landowners Discretion for councils to provide limited assistance to landownersin exceptional cases – the free parking area option ! / &! ! ) ) > ?Are councils obligated to enter into a free parking area agreementwith a private landowner, and what appeal rights, if any, existagainst a council’s decision?) 14ARE VEHICLES TRESPASSING ON YOUR LAND OR BLOCKING YOUR DRIVEWAY?

Department of Local Government 0+ '54 ( 52 % 5C 5< 6D.'Effects of free parking area agreement 0• .7 %8 • • *• B

Department of Local Government• 7 4C85• 785• 7 85• ! . * * $DE$7$DE$8 What may a council require to be specified within a free parkingarea agreement? 0• • • 5• • 5• 516ARE VEHICLES TRESPASSING ON YOUR LAND OR BLOCKING YOUR DRIVEWAY?

Department of Local Government• 5• !5• 5• 5• 5• 5• 5• 6)5• (Transparency and accountability) $

Department of Local GovernmentPrivatelandownerencountersvehicle trespassproblemFREE PARKING AREA AGREEMENTS- PROCEDURES FOR LANDOWNERSAND COUNCIL TO FOLLOWVehicle trespassis infrequentand/or of minornuisance orinconvenienceLandownertakes primaryresponsibilityfor resolvingproblemTenants/visitorsnot observingbody corporatesparking rules orsimilar issuesIs the problem a landor person managementissue?Vehicletrespassproblem ischronicTo ascertain if conditions warrantfree parking area agreement -proceed to next squares belowNo orinadequatefencing andgates etcIs the problem due tophysical conditions?Identify how to resolveproblem and implementnecessary measureseg. fix or install fencingor gates to detertrespass, or reportisolated incidents toPolice etcLow level problemsunlikely to justifyentering into freeparking areaagreementProvide sufficient parkingspaces; install barrierdevices to preventunauthorised vehiclesaccessing restricted orreserved areas reviewtenants/visitors parkingrights etc.Landowner takes action toreduce or eliminateproblem behaviourInstalladequatefencing andgates etcLandowner takes responsibilityfor resolving problemApprovalobtained to installfencing or gatesetc.Installation of fencing orgates prohibited by apublic authority (eg.council); apply to therelevant authority tooverturn the restrictionLandowner takes responsibility forresolving problemApproval notgranted to installfencing or gatesetc.Consider options includingsubmission of free parkingarea agreement to councilPROBLEMNOTRESOLVEDPROBLEMRESOLVEDFree parking areaagreementunnecessarySubmit freeparking areaagreementapplication tolocal councilCouncil reviews/negotiates detailsof application withlandowner/considers if publicnotification of proposal isdesirable/invites publicsubmissions/considerssubmissionsConsult councilconcerning creationof free parking area -discuss terms andconditions - proceedwith application, ifthis appears appropriateCouncildeclines toapproveapplicationSeek a review of council'sdecision or amend theapplication to meet council'srequirements andresubmit applicationCouncilapprovesapplicationLand management andparking enforcementnow under councilcontrol as per conditionsof agreementARE VEHICLES TRESPASSING ON YOUR LAND OR BLOCKING YOUR DRIVEWAY 18

Department of Local GovernmentWHERE TO NEXT? 19 ARE VEHICLES TRESPASSING ON YOUR LAND OR BLOCKING YOUR DRIVEWAY