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ACT Property Law - How to Check if Installing Another Driveway is Legal?

Discussion in 'Property Law Forum' started by Ted Sherwood, 18 November 2015.

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  1. Ted Sherwood

    Ted Sherwood Well-Known Member

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    We share a laneway with eight other houses. Each house has access from the laneway into their garage/carport. Some builders installed a single back gate, a couple a double back gate. The logistics of car movement in the laneway strongly suggest that the developer only ever intended that there be one access point in each block for vehicles. How do I check whether or not installing another driveway would be legal under Property Law?
     
    Louise4007 likes this.
  2. Louise4007

    Louise4007 Well-Known Member

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    ACT Territory and Municipal Services (TAMS) are the body which handle approvals for 2nd driveways.

    Generally approval won't be given if the 2nd driveway will
    • cause a safety issue to pedestrians, traffic or storm water runoff
    • Its' sole purpose is to create extra parking space within the block
    • its' installation will cause potential conflict with a neighbouring 2nd driveway
    • the block already as 2 driveways
    • the driveway's width is greater than 6 m at the block boundary
    • there is presently enough space at the block boundary to reverse safely within the property & to exit at the front
    TAMS can give you more information.
     
  3. Ted Sherwood

    Ted Sherwood Well-Known Member

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    Thanks for your quick reply Louise.
    Given that both the laneway and the lot are private property, why would the Government need to be involved?
     
  4. Louise4007

    Louise4007 Well-Known Member

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    That depends on who holds legal title to the laneway & whether the driveway will cause issues as described above. I would recommend checking with TAMS anyway.
     

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