An easement is a nominated section of public or private land that is used by someone other than the landowner to access drainage, sewer, water, gas, electricity or similar services. They may also be required for batter or support for retaining walls or other infrastructure for large scale developments.
How you go about creating an easement will depend on what type of easement you need, and who owns the land. It is up to the person who will benefit from an easement to handle any negotiations with the landowner.
If the easement is over land that is not owned by Council, you will need to discuss any easements directly with the property owner. You will also need to get owner's consent.
We recommend you read all the information on this page and consider talking with us for Development Advice before you start an easement application.
Easements on Council land
You can use our Online Self Service portal to apply for an easement on Council land for a new development, renovation, or any other works or uses.
Before you can apply, you need to log in or register in our Online Self Service system. Please note, multi-factor authentication (MFA) will be required when logging into your account.
Once you are logged in, under Apply for..., select Other Applications and Certificates. Then next to Statutory Property Applications, click Start.
Types of easements and approvals
- If an easement is for drainage, it will almost always require a Development Application.
- For other types of easements, you can make a stand-alone easement application by following the instructions above.
- In some cases, Council may not grant an easement if there is an alternative way to meet the applicable rules for your development or activity.
Drainage easements
If you're proposing a new development on a property that slopes downhill away from the road, you will need to obtain a drainage easement. Drainage easement width can vary depending on your development, but must generally be angled downhill towards a natural watercourse or Council drainage system. This is so water will keep draining in the same direction as it currently does after your development is in place. Advice about your drainage easement requirements will be provided through the Development Application process.
It is the responsibility of the developer to handle any negotiations with other property owners to secure a drainage easement before Council will approve a proposed development.
Easements with a Development Approval
Easements are often a pre-commencement condition of Development Approval. For example, a Development Application to redevelop land may propose an easement through Council land to a pit, pipe or even creek under Council's control.
After development consent has been granted in this type of case, the applicant will need to make a separate easement application. You must use the link above to make an easement application for your development through our Online Self Service portal.
Council will generally grant easements relating to a Development Approval after confirming that the easement area and terms meet all conditions of the Approval. Some easements require Council to invite community feedback before making a final decision. All easements on Council land must also be formally approved by Councillors at a Council Meeting.
An easement will only be granted after compensation has been paid to Council for grant of the easement, and the applicant has reimbursed Council for all costs associated with the easement.
Easements and Complying Development
If your new development is Complying Development through a private certifier, Council will not grant an easement if there are other ways to comply with the Wollongong Development Control Plan (DCP).
Alternative ways to comply with easement requirements may vary depending on what you're doing, where the land is, surrounding land uses, and geotechnical constraints.
For example, if you apply for a drainage easement for work that does not have Development Approval (through a DA), your application will most likely not be supported where:
- An absorption / transpiration (or 'level spreader') is a viable alternative. You can read section 9.3.9 of the Wollongong DCP Chapter E14 PDF, 7823.31 KB to learn more about alternative options to manage drainage and stormwater through public reserves.
- A supporting, detailed hydraulic analysis is not provided which analyses the pre-and post-development flows using software such as DRAINS or similar. This is particularly important where stormwater is to be connected to existing pipe systems.
- Proposed pipe connections impact trees and / or ecologically sensitive vegetation, or potentially increases the risk of scour and erosion at existing stormwater outlets.
- The proposed easement precludes or prohibits other properties from potentially using a similar outcome.
- The proposed easement increases existing constraints or affects future opportunities on public land.
If any of the above apply to your development, you will likely need to lodge a Development Application to allow for a more detailed assessment.
If you have to lodge a Development Application after you've made an easement application, your easement application will be on hold until the Development Application is determined.
To confirm what will be required in your case and minimise delays, we recommend arranging a pre-lodgement meeting before you apply for an easement for new development.
Building or developing over easements
Major development or construction will usually not be allowed on parts of land where an easement has been created.
Council may consider proposals for very light and relocatable buildings like open carports or other open structures on easements. This is assessed case-by-case, and often strict conditions will be placed on any approved work.
Building next to a drainage easement is allowed as long as the proposed development meets the requirements of the Wollongong DCP Chapter E14 PDF, 7823.31 KB