We understand the desire of property owners to build over easements to maximise usable space on private land but drainage easements play a critical role in managing stormwater and protecting property from flooding. These easements must remain accessible for inspections, maintenance, and future upgrades - particularly as extreme weather events become more frequent.
Council Consent Required
Property owners must obtain written consent from Indigo Shire Council before constructing any structure over a council-owned drainage easement. Consent helps ensure essential infrastructure remains accessible and functional, now and into the future.
Types of Permissible Structures
- Minor Removable Structures: Small garden sheds (typically under 3m²), lightweight pergolas, and rainwater tanks (up to 2,000 litres) may be considered, provided they can be removed easily if access is required.
- Permanent Structures: Generally not permitted due to access, maintenance, and flooding risks. This includes buildings, home extensions, and other fixed improvements.
Assessment Criteria
Each application is assessed on the basis of:
- Proximity to existing drainage assets
- Impacts on overland stormwater flow
- Structural loading risks to underground pipes or pits
- Whether the structure can be removed without damaging council infrastructure
Implied Easements
Even if a drainage easement is not formally registered on the property title, the presence of council drainage infrastructure may create an implied easement under Section 148 of the Water Act 1989. These areas are subject to the same protections and requirements.
Application Process
- Submission: Submit detailed plans, including location and specifications, to Council for review.
- Assessment: Council assesses the proposal against the Infrastructure Design Manual (IDM) and any applicable local policies.
- Approval: If approved, Council will issue written consent with conditions to protect drainage infrastructure and allow future access.
For advice or to lodge an application, please contact our Infrastructure or Planning team. Early consultation can help avoid costly redesigns and ensure your proposal aligns with drainage and compliance requirements.