Under section 2.4 of the Whitehorse Community Local Law 2024 ( PDF 973.95KB), a gate or other structure to gain private access to a Council reserve may only be installed after obtaining a permit from Council.

Gates or structures installed prior to 6 September 2024 may remain without a permit, however a permit must be obtained if the fence containing the gate or structure is by the adjoining land-owner.

Private Access to Council Reserves Permit Conditions

• The permit holder must ensure that all the permit conditions are complied with at all times.
• The permit holder must provide evidence of $20 million of public liability insurance for the permit period.
• The permit is not transferrable:
  • Permits are not to be photocopied or used by someone not named on the permit
  • Permits are not to be leased, sold or given away
  • No form of advertising of a permit for rent, lease, sale profit or other beneficial or fraudulent consideration of causing such an advertisement to be published is permitted.
• The permit is only valid for the stated period.
• The permit holder may only install the access gate or structure so as to:
  • Be in keeping with the boundary fence and not create an eyesore.
  • Not become a hazard to passers by.
  • Cause detriment to the Council reserve.
  • Not interfere with or obstruct Council assets.
• At the conclusion of the permit period a new application form must be submitted.
• The permit must be produced for an Authorised Council Officer on request.
• The permit holder will comply with all directions by a member of Victoria Police or Authorised Council Officer, including a direction that the permitted activity cease and any related plant or equipment be removed.
• Any other conditions related to the permitted activity.

Permit Condition Breaches

If the permit holder breaches the permit conditions:

• The permit may be cancelled
• Penalties may be applied
• Costs incurred by Council may be charged directly to the permit holder
• Goods or equipment may be impounded
• The permit-holder may be required to remove the gate or structure and the fence reinstated at the permit-holder's expense.
• Future permit applications may be declined.