Insights Library
One to watch: Build over easement applications and Melbourne Water
Best Hooper’s Planning Team is receiving a significant number of enquiries from clients, at the building stage, seeking approval from Melbourne Water to build over (or in proximity to) its easements.
We are seeing a trend in these cases whereby Melbourne Water were not a statutory referral authority during the planning permit process and accordingly was not required to form a position in respect to a proposal as part of that process. Typically, we find that a planning permit has issued (for say, a dual occupancy development) and, when seeking a building permit to commence and seeking build over consent from Melbourne Water, such consent is complicated due to the proposed buildings being either over, or in proximity to, one of its assets.
Relevantly, under section 148 of the Water Act 1989 (Water Act), a person must not, without an Authority’s consent, cause or permit any structure to be built on land over which an easement exists in favour of the Authority.
Further, in the case of Melbourne Water, section 148(b) of the Water Act provides a protection of its assets for works within 5 metres laterally of those assets which can of course have significant consequences for a development proposal, irrespective of whether a planning permit exists for those works.
Our Planning and Land Development Team frequently assist in detailed due diligences that identify issues such as this prior to purchase and we have experience in dealing with the presence, implications and strategies which can be employed to address the existence of any easement.
Should you wish to discuss the above with any member of our Planning Team then please do reach out.
