this is a legal question in as far as it determines where the responsability for legal maintaince and maybe access lies , and where a road reserve stops becoming a cross over and and becomes a service rd , and as for asking the council not likely to get a honest / correct answer as they are the ones having the dispute with ,, and this is a property legal question as it affects a lot of properties in all states though the distance may differ from state to state
You need specific advice, not a general answer.
I can't see there being a maximum figure listed anywhere.
You can order a survey to assist: Survey plan search | Business Queensland
I can't see there being a maximum figure listed anywhere.
You can order a survey to assist: Survey plan search | Business Queensland
Rod is right. Generally you’ll have around about 3 to 6 metres setback for buildings from road frontage in suburban areas under Council planning requirements - but this differs from Council to Council, and I only have experience in South East Queensland. Not all of that will be reserve. Urban areas you tend to get less (0-3?).
The only way to definitively tell is to to get a survey done to determine the exact boundaries of the property. You can get a copy of the current registered plan for the lot, but this may not be of great assistance depending on its age - because markers can shift over time due to land movement, especially if they’re based on pegs (which are often moved or pushed around during construction). Newer plans use GPS coordinates and are therefore more accurate, but unless you’re in a new subdivision the chances of that are fairly slim.
Sometimes the front of the fence line/placement of the letterbox can give an indication but it’s unreliable.
So, if you want something general, get your relevant plan and measure it out. If you want accuracy, get a survey done.
In terms of ‘vehicular crossing’ (i.e. driveways), councils will generally have a local law under the Local Government Act which sets out what they can require owners to do - such as construct and maintain to a required standard. For example, this is covered for Gold Coast in Local Law 11, at section 10. For mowing, that’s a little more difficult. Councils often have policies setting out that owners are responsible for mowing nature strips, but they’re often not a lawful requirement. However, commentary indicates that the cost of rates s calculated on the basis that owners do mow their nature strip- and if they don’t do so their rates may increase or they receive a bill for the cost of Council maintaining it.
The only way to definitively tell is to to get a survey done to determine the exact boundaries of the property. You can get a copy of the current registered plan for the lot, but this may not be of great assistance depending on its age - because markers can shift over time due to land movement, especially if they’re based on pegs (which are often moved or pushed around during construction). Newer plans use GPS coordinates and are therefore more accurate, but unless you’re in a new subdivision the chances of that are fairly slim.
Sometimes the front of the fence line/placement of the letterbox can give an indication but it’s unreliable.
So, if you want something general, get your relevant plan and measure it out. If you want accuracy, get a survey done.
In terms of ‘vehicular crossing’ (i.e. driveways), councils will generally have a local law under the Local Government Act which sets out what they can require owners to do - such as construct and maintain to a required standard. For example, this is covered for Gold Coast in Local Law 11, at section 10. For mowing, that’s a little more difficult. Councils often have policies setting out that owners are responsible for mowing nature strips, but they’re often not a lawful requirement. However, commentary indicates that the cost of rates s calculated on the basis that owners do mow their nature strip- and if they don’t do so their rates may increase or they receive a bill for the cost of Council maintaining it.
thanks... in my case i have the survey plans, what they are trying to say is road reserve is 35 mts in length coming off a road that is only about 4 mts wide with no to very little chance of every being widened due to useage and side of a hill not to mention property boundries , the ares in question was resumed by the council to give vehicular access to my block in 1986 and then tared by them , on the current survey maps says area was surrended for road purposes ... my argument is its not a road reserve but due to length ie 35 mts it is a road ie a unnamed service rd and the cross over also doesnt apply due to the length ... this is in the town limits / area not rural ... by the way this only affects my property and is a area of about 3mts wide by 35 mts long and was resumed from next doors property along our common boundry in 1986
hi rod, yes maintenance and who has to do it ,as its developing large pot holes again and the tar sealing needs redoing , over last 20 yrs iv owned it the property council has fixed the potholes once and later sweeped and fixed the potholes , both times council rep saying needed re sealing (but only verbally) last time (about 5 yrs ago) saying would be done next time surfacing crew was in the area (again nothing in writing) its on a steep slope and as i and visitors ride road legal m/bikes im saying its getting dangerous as well