Policy 204 Improvement of verges

Policy objective:

To allow commercial applicants, subject to the Town’s approval, to aesthetically improve commercial areas immediately adjacent to the property in question by paving or placing plant containers on the verge or footpath.

Policy scope:

This policy applies to the paving of verges and the placing of plant containers on verges or footpaths immediately adjacent to commercial properties.

Definitions:

Applicant means the entity who is proposing the paving or plant container to the verge or footpath immediately adjacent to the street frontage of a commercial property, who must be the property owner, business owner, tenant or other person responsible for the maintenance and/or management of the commercial property.

Commercial property means A property from which commercial activities are legally carried out, in accordance with any necessary approvals of permits from Council, including (but not limited to) the Town of Victoria Park Town Planning Scheme No. 1, any relevant Local Planning Policies and/or Local Laws.

Verge means that part of a thoroughfare between the carriageway and the land which abuts the thoroughfare.

Footpath means the paved or made portion of a thoroughfare used or intended for use by pedestrians and cyclists.

Policy statement: 

1. The intent of this policy is to allow for and encourage enhancements to public verge or footpath areas immediately adjacent to commercial property frontages by the installation of aesthetically suitable and well-maintained paving materials and/or the placement of appropriate plant containers.
2. All paving of verges immediately adjacent to commercial properties should conform to the Town of Victoria Park’s Street Verge Guidelines, except where otherwise approved in writing by the Town
3. All placement of plant containers on verges or footpaths immediately adjacent to commercial properties should conform to the Town of Victoria Park’s Street Verge Guidelines.
4. All maintenance and cleaning is the responsibility of the applicant, unless otherwise agreed with the Town.
5. Maintenance procedures should not interfere with pedestrians at any time.
6. No drainage or other discharges from the containers are to flow across the footpath or stain the pavement in any way.
7. All costs associated with the construction, purchase, installation, greening, maintenance and removal remains with the applicant, unless otherwise agreed with the Town.
8. Any damage to the footpath, verge or other street furniture caused by the paving or plant container or its movement shall be the responsibility of the applicant.
9. Replacing stolen, or repairing damaged or vandalised paving or plant containers is the responsibility of the applicant.
10. The Town reserves the right to remove the containers or paving at any time.
11. If a liability arises out of the actions of the applicant, then the applicant will indemnify the Town against all claims resulting from that action. If a liability arises out of the Town’s negligence then it is the Town that will manage the claim. 

Related Documents:

Street Verge Guidelines 2020(PDF, 5MB)

Policy 211 Parklets and alfresclets

Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law 2000 Consolidated

Revision History