Road encroachment approvals Road encroachment approvals

What legal road is

Legal road has the same meaning as road in the Local Government Act 1974 (section 315). It covers the total area of land between road boundaries including:

• carriageway (formed road)
• footpath
• berm or verge
• bridge, culvert, drain, ford, gate and building
• cycle way, cycle path and cycle lane
• land that is legal road, but is not physically formed as road in full or in part (also known as paper road or unformed legal road)
• airspace above the road surface
• subsoil below the road surface.

Requirements and specifications

A road encroachment approval application must include supporting plans showing the following information together with any required reports. More information may be needed depending on the proposed encroachment.

All encroachment types

All encroachments require:

• dimensions and area of encroachment
• construction details and materials
• fixing details
• property boundary
• proximity to utilities and assets above, on and below the road corridor e.g. traffic lights, streetlights, power poles, bus shelters, street trees
• stormwater drainage.

Specific encroachment types

Airspace – canopy

These require:

• the canopy to be in accordance with Auckland Unitary Plan requirements and any relevant resource consent conditions
• a minimum height of 3 metres from footpath to underside of canopy
• a minimum distance from kerb to outer edge of canopy of:
  • 700mm, or
  • 1 metre when located near a bus stop or on a bus route serviced by double decker buses (and subject to carriageway cross fall at this location), or when located near a loading zone or an area used by oversized vehicles (and subject to carriageway cross fall at this location).
    (unless AT requires an increased setback)
• the canopy, if glazed, to be opaque or patterned glass, not clear glass
• the canopy to be self-supporting and cantilevered from the adjoining building
• stormwater collection to be within the boundary of the private property
• lighting to be in accordance with Auckland Unitary Plan requirements
• any signage to be in accordance with the Auckland Council and Auckland Transport Signs Bylaw 2022
• the canopy to provide adequate weather protection to pedestrians

Airspace - Architectural features on buildings including curtain walls, exterior cladding and window shutters

These require:

• 3 metres minimum height above road surface and footpath
  2.5 metre minimum height of opening portions of windows above the road surface and footpath
  1.8 metre minimum footpath width as specified by AT: generally a minimum.

Airspace - Pedestrian airbridges (not necessarily for exclusive pedestrian use, in conjunction with the AT Chief Engineer’s office due to engineering complexity)

These require a:

• 6.5 metre minimum vertical clearance
• engineering report
• traffic report
• report demonstrating pedestrian benefit and safety aspects, as well as for other non-motorised users and, if required by AT, for motorised disability vehicles e.g. mobility scooters and electric wheelchairs.

Surface - Structures e.g. retaining walls/parking platforms

These require:

• 1.9 metre minimum set back from the edge of the formed road seal or 1.8 metre from back of kerb
• 600mm maximum height of retaining wall from road end of the retaining wall
• the encroachment to comply with gradient requirements within the road corridor. These will be confirmed on receipt of application as they depend on the type of works proposed and their location
• a sightline study if there are visibility concerns
• surcharge details
• Producer Statement 1 - Design
• piling details
• traffic report (if required).

Surface – Driveway or pathway on paper (unformed) road

These require:

• cross sections showing width, drainage, materials and batter gradients
• long sections showing all gradients
• a maximum longitudinal gradient of 1:8
• cut and fill (if any).

Surface – Private paths between property and public footpath

These require:

• dimensions and gradient (max 1:8)
• surface material meeting dry and wet slip resistance – see Table 4 Engineering Design Code Footpaths
• base course and surface in accordance with Standard Engineering Drawings for footpaths (e.g. FP0001, FP0003, FP0004 or VCX0401)
• 3 metre gap either side to allow for future street trees
• paths to be shared where possible to limit space of berm used
• no pavers and loose metal.

Subsoil - Ground anchors and other subsoil encroachments

These require:

• the occupation area to be shown on a plan
• adherence to "Temporary Ground Anchor guidance” for ground anchors.

Key Standard Encroachment Approval and Licence terms

The following list is not exhaustive. AT reserves the right to alter and add conditions as the application requires.

What is likely and unlikely to be supported

The following lists are not exhaustive. Each application is assessed on its merits and AT reserves the right to approve or decline an application as required.

Encroachment applications that may be supported are:

• retaining and facing walls
• parking decks, platforms and bays
• private accessways for property access on unformed roads
• walkways and steps for property access
• grazing to allow an adjoining farm to graze stock on unformed roads
• canopies to provide weather protection for the public
• architectural features that provide public amenity value, including curtain walls and exterior cladding, eaves and window shutters where there is no alternative on private property
• pedestrian airbridges to provide safe pedestrian passage from one building to another
• temporary ground anchors
• narrow concrete connection paths from the footpath to private property where there is sufficient space for trees
• private services and utilities where there are no (or limited) public infrastructure or utility provider connections available.

Encroachment applications that are unlikely to be supported are:

• new buildings (including dwellings, commercial and industrial premises, garages, carports and sheds), habitable or otherwise
• bridges
• enclosing part of the road corridor by fences, walls or other structures/barriers for exclusive use
• carparking for exclusive use (e.g. painted lines on road seal)
• canopy support poles
• private services and utilities (including water supply, wastewater, stormwater) where there are public infrastructure connections available
• slot drains
• water storage tanks
• permanent ground anchors
• an encroachment that does not meet the requirements set out in “Requirements and specifications” section above or creates a safety issue that cannot be resolved
• an encroachment that can be accommodated within private property.

Temporary Ground Anchor guidance  

Any ground anchors proposed in the road corridor must be temporary and removable. Permanent ground anchors will not be considered.

The encroachment application must include:

• Producer Statement 1
• Producer Statement 2
• Geotechnical Report relating to, or including, the temporary retention/ground anchors
• Plan showing the occupation area i.e. depth and plan view area in m2
• Plan showing utilities avoided (or permissions from utility providers where required) as well as a cross section view showing sufficient clearance beneath the utilities
• Approximate timing (proposed commencement and proposed length of occupation)
• Proposed root protection details for any street trees near the anchors. 

Process outline

1. The application information is circulated to AT subject matter experts for feedback.
2. If support is obtained, a licence fee for the area of occupation is determined by an independent valuer engaged by AT at the applicant’s cost.
3. A report is then prepared seeking delegated approval. If approved, you will be issued with an approval letter containing conditions.
4. AT’s lawyers will be instructed to draft the subsoil licence and encumbrance. Prior to the legal drafting commencing, your lawyer will need to provide an undertaking to AT’s lawyers to cover their fees for drafting, negotiating, and signing the subsoil licence and registering an encumbrance against the record of title to the adjoining property. 

Key conditions of approval will include, but not be limited to:

(a)   The Applicant must enter into a subsoil licence prepared by AT’s solicitors; 
(b)    The subsoil licence will be secured by an encumbrance registered against the record of title to the applicant’s adjoining property;
(c)    Maintenance and reinstatement obligations sit with the licensee;
(d)    AT must be indemnified for all costs, losses, expenses it incurs in relation to the works;
(e)    The applicant must have public liability insurance/contractor’s liability insurance for a minimum of $20,000,000 per event;
(f)    The applicant must provide copies any resource, engineering and/or building consent documents, certificates and producer statements including:
-    PS1 and PS2 prior to works starting;
-    PS3 and PS4 for installation of anchors and as-built plans to show their location;
-    PS3 and PS4 for destressing and removing anchors and reinstating any road land;
-    A Chartered Professional Engineer’s report covering: before and after photos, installation, records of observing ground movement/disturbance/damages if any, decommissioning and any reinstatement of the road back its to original condition (– the report must not be signed by the PS1 designer or PS4 engineer);
(g)    Routine engineering inspections must be conducted (generally every 2 years).
(h)    A pre and post works inspection (if critical, to be done by AT);
(i)    Anchors to be removed on expiry of the licence. 
(j)    Temporary removal and early termination
(k)    Where parts of the anchors remain in the road i.e. destressing but anchor body to remain: The licensee must provide a warranty to AT that any parts of the anchors left behind in the road reserve once destressed shall not pose any difficulties for the future installation of utilities and will not impact future use of the road.

Part 1 - Prepare supporting documents

AT is not involved in Part 1.

Wherever practical, applicants wishing to use a portion of the road corridor should first attempt to use their own land or make arrangements with other private parties.

The supporting documents required are outlined in Appendix 1 of the Guidelines.

The applicant must arrange for the preparation of plans as set out in the Guidelines. The Guidelines are not comprehensive and additional reports/drawings may be requested during Part 3 of the encroachment application process.

Please note: Building consent or resource consent documentation may not provide sufficient detail for an encroachment application. A request for further information will delay processing time to assess the encroachment application.

Consent from affected landowners (frontage breach)

If your project crosses your neighbour’s boundary, adjoining owner consent will be required with the encroachment application. A completed Affected Landowner Consent Form(s) and required documentation (if applicable) will need to be included with the encroachment application.

A link to the Affected Landowner Consent Form is included in the application form section below.

AT is required to take into consideration a landowner’s common-law right that the landowner adjoining a road has a right of access to the road. The landowner’s access to a road needs to be sufficient to allow them to exercise their public right to pass and repass along the road, now and in the future.

Where an encroachment crosses over in front of another landowner’s boundary, AT recognises that the landowner’s frontage right must be protected.

AT can deviate from this position where the affected landowner expressly consents to a more limited form of access. In these cases, AT may require that a land covenant, recording the agreement of the affected landowner and their successors in title, is registered against the record of title to their property.

Consent from utility operators

Where an encroachment crosses over an area where existing utilities are located or are within close proximity, consent from utility providers will also be required. This is normally presented in the form of a letter from the utility provider.

Cost of Part 1

The applicant will need to pay for the preparation of supporting plans and other documents.

Part 2 - Apply to Auckland Transport for an encroachment approval

Usually only the registered owner of the land adjoining the road corridor can apply for an encroachment approval.

The registered owner of the adjoining land can appoint a consultant (such as a planner, lawyer or other person) to act on their behalf. Written authority from the applicant is required.

Application form and how to submit

The form and details on how to pay and submit your application are provided in the section at the bottom of this page.

Cost of Part 2

Payment of the application fee (which may be a fee deposit, see below) is required at the time of submitting the encroachment application.

Part 3 - Auckland Transport evaluates the encroachment application

Each application is considered against the Guidelines. Feedback and comments are collated from multiple departments within AT.

During the evaluation phase, a request to consider practical alternatives may be required. This may require a re-design of the proposal.

If more information is needed to process the application, the applicant or their consultant will be asked to provide it. If the supporting information is not provided within 3 months, the application may lapse and a new application may be required.

If the application is successful, a delegated decision will be made to approve the application, and an approval letter, with conditions, will be sent to the applicant.

What happens if the application is not approved by AT?

AT will send a letter to the applicant (or their consultant) to advise that the application has not been approved and set out the reasons why.

Cost of Part 3

Every endeavour is made to capture the AT evaluation process within the cost of the application fee. If the application fee type is a fee deposit, additional invoices will be raised if the cost of processing exceeds the application fee deposit.

Part 4 - Encroachment licence and encumbrance

If the approval letter requires the applicant to enter into an encroachment licence and/or a first ranking encumbrance with AT, AT (or its solicitors) will prepare the licence and/or encumbrance and provide them to the applicant or their solicitors for review.

The licence will then be signed, and the encumbrance will be registered against the record of title to the adjoining property. Any other conditions set out in AT’s approval letter, such as the provision of producer statements, will also need to be satisfied.

Cost of Part 4

There are fees associated with having the licence and encumbrance documentation prepared for registration against the record of title. These fees are not covered by AT.

You are also responsible for paying your own legal fees to review the documents and arrange for signing.

Part 5 - Building the encroachment

Ensure the building is built according to the plans submitted to AT and the conditions set out in AT’s approval letter (and licence and/or encumbrance, if applicable). Additional consents from Auckland Council (building consent, resource consent, and engineering plan approval) and from AT (Vehicle Crossing Application and Corridor Access Request) may also be required.

Part 6 - Once the encroachment has been built

Once the encroachment has been built, you will need to supply any documents set out in the approval letter (or licence or encumbrance), such as producer statements, code compliance certificate, and as-built plans.

The approval letter, licence or encumbrance will set out your ongoing maintenance and inspection obligations. You may also be required to pay a licence fee to AT.