Alteration or improvement to Local Government controlled areas or roads (Local Law 11)
To ensure community safety and accessibility, Council regulates activities on its roads and in public areas under its Local Laws.
Local Law No.11 (Local Government Controlled Areas and Roads) 2016 ( PDF, 0.41 MB ) specifically gives Council the power to prohibit, restrict and permit activities that occur on its controlled areas or roads.
Under Part 7 of Local Law No. 11 the alteration or improvement to a local government controlled area or road is considered to be a prescribed activity.
As a consequence, you will need a permit if you plan to alter or improve a local government controlled area or road.
What constitutes alteration or improvement?
Pursuant to Council’s Local Laws, alteration or improvement to local government controlled areas or roads means:
(a) installing, changing, damaging or removing a structure or thing in a local government controlled area
(b) planting, clearing or damaging of vegetation in a local government controlled area or a road.
What is a Local Government controlled area or road?
A local government controlled area means land, facilities and other infrastructure owned, held in trust or otherwise controlled by Council, other than a road.
For the purposes of Council’s Local Laws, a road is
- an area of land that is dedicated to public use as a road; or
- an area of land that
- is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; and
- is open to, or used by, the public; or
- a footpath or bicycle path; or
- a bridge, culvert, ford, tunnel or viaduct.
It should be noted that if the road is a “State-controlled” road, it will only come under the jurisdiction of Council’s Local Laws if:
- the Queensland State government has invested power in Council to control the road; or
- it is a road that the Chief Executive has provided written agreement with respect to same under the TORUM Act.
If you require assistance or clarification about whether a location is on a Local Government controlled area or road, please submit a request to Council.
Permit types
If a permit is required, then the proposed alteration or improvement to the local government controlled area or road will typically fall into one of two permit types as follows:
- Alteration or Improvement to Council Controlled Areas and Roads Permit
- Alteration or Improvement to Council Controlled Areas and Roads – Vegetation Clearing and Landscaping Works Permit
For more information, refer to the Alteration or Improvement to Local Government Controlled Areas or Roads fact sheet ( PDF, 0.42 MB ).
The following specific activities do not require a permit:
1. Planting vegetation on road verges that complies with all of the following:
- Far North Queensland Regional Organisation of Councils Development Manual (“FNQROC”)
- Council’s Planning Scheme Policy Landscaping ( PDF, 1.01 MB )
- Council’s General Policy Landscaping and Gardens on Council Controlled Land: Planting, Maintenance and Removal ( PDF, 0.39 MB ), and
- Council’s General Policy Management of Trees on Council Controlled Land ( PDF, 0.21 MB ).
2. Alteration or improvement undertaken by the local government itself.
3. An activity conducted by an approved electricity provider (e.g. Ergon) when undertaking maintenance or construction on the electrical network within a local government controlled area or road.
4. Installation of a low-impact facility that is exempt pursuant to Schedule 3 of the Telecommunications Act 1997 and the Telecommunications (Low-impact Facilities) Determination 1997.
Residents may also plant a small verge garden adjacent to their property without requiring a permit from Council, provided that the garden does not include trees or non-approved plant species and complies with Council guidelines. These gardens must be designed to ensure pedestrian safety and avoid interference with surrounding infrastructure.
To ensure the verge garden meets the requirements of the Local Law, please refer to:
- Landscaping on Council Controlled Land Guidelines ( PDF, 2.47 MB ) and
- Recommended Plants for Landscaping on Road Verges Guide ( PDF, 4.23 MB ).
For more information, visit the Verge Gardens webpage.
This permit is required for alteration or improvement activity related to installing, changing, damaging or removing a structure or item in a local government controlled area or on a road.
Examples of this type of activity include, but are not limited to:
- installation of boarding, scaffolding or gantry on road reserve (e.g. temporary scaffolding installation over footpath for painting or sign writing purposes)
- temporary footpath and/or road closures, with safety fencing or barriers, for the purposes of establishing a building construction zone
- the use of footpath stickers and decals for specific events. See our Footpath stickers & decals webpage for more information.
Apply for this permit
If a permit is required, please complete the Alteration or Improvement to Council Controlled Areas and Roads Permit Application Form ( PDF, 0.38 MB ) and supply the required supporting documents.
For Council to assess your application, you must complete all relevant sections and submit the required supporting documents. Processing takes a minimum of 14 days and can take up to 30 days. Applications with a start date less than 14 days from submission will not be accepted.
You can submit your completed application:
- In person at Council’s Spence Street Customer Service centre at 119-145 Spence Street, Cairns.
- Mail to Cairns Regional Council, PO Box 359, CAIRNS QLD 4870
- Email to regadmin@cairns.qld.gov.au
Once we receive a complete application, we will send you information on how to pay the application fee. This fee is payable as per the current Fees and Charges Schedule ( PDF, 0.02 MB ) and is due at the time of application. We will not process an application until the correct fee is paid in full.
Note:
- A security bond will be required in addition to the application fee. This is to ensure that any damage caused to Council controlled areas or roads is rectified on completion of the activity.
- You are responsible for all costs associated with the reinstatement of the area, to the satisfaction of Council, upon completion of the activity. You may wish to document the condition of the area prior to the commencement of the permit to ensure that any existing damage is identified and recorded.
This permit is required for alteration or improvement activity related to planting, clearing or damaging vegetation in a local government controlled area or a road.
Examples of this type of activity include, but are not limited to:
- planting, clearing or damaging trees or vegetation on a nature strip (excluding any proposed tree planting or removal not associated with a Development Planning Approval)
- planting a verge garden that does not comply with the Landscaping on Council controlled land guidelines ( PDF, 2.47 MB ).
Apply for this permit
If a permit is required, you must complete the Alteration or Improvement to Local Government Controlled Areas and Roads – Vegetation Clearing and Landscaping Works permit application form ( PDF, 0.97 MB ), and supply the required supporting documents.
Council must receive a properly made application at least 30 days prior to the intended commencement date. Applications which are incomplete will not be accepted.
You can submit your completed application by:
- In person at Council’s Spence Street Customer Service centre, 119-145 Spence Street, Cairns
- Mail to Cairns Regional Council, PO Box 359 CAIRNS QLD 4870
- Email to planningadmin@cairns.qld.gov.au
Once a complete application form is received, information will be sent to you about how to make payment of the application fee. The application fee is payable as per the current Fees and Charges Schedule ( PDF, 0.02 MB ) and is due at the time of application.
Council will not process an application until such time the correct application fee is paid.
You must include the applicable supporting documentation with your application.
Public liability insurance
You must provide a certificate of currency for public liability insurance, which must:
- Be for an amount of at least $20 million;
- Be for the period that covers the duration of the permit;
- Be in the name of the applicant; and
- Note Cairns Regional Council as an interested party.
Site plan
You must submit a site plan to Council with all permit applications. The site plan must be prepared as an aerial view sketch of the proposed permit area (with measurements) and must include the following details:
- The overall boundary of the area where the works are to occur which shows the overall dimensions (width and length) of the proposed permit area;
- The location and dimensions of any proposed works to be undertaken within the area as well as any items, equipment, machinery/vehicles proposed to be used to carry out the works within the area; and
- The location of any permanent infrastructure including adjoining buildings, trees, fire hydrants, electrical infrastructure, telephone booths, mailboxes, bus shelters, rubbish bins, pillars and posts (awnings or building supports) etc.
- The proposed vegetation damage (if applicable).
Landscape Plan
Landscape Plan including details of proposed landscaping on public land, site characteristics, and any accepted development, i.e. Access Crossover / Driveway and including the following:
Planting Schedule:
- Botanic names and common names
- Quantities for supply
- Container supply size
Specifications:
- Edging treatments
- Grassing
- Soil preparation
- Planting
- Mulching
- Watering
- Details of maintenance monitoring and establishment.
Traffic guidance scheme
If your proposed work will block or impede pedestrian or vehicular traffic movements, you will need to develop and submit a site-specific Traffic Guidance Scheme to Council.
All Traffic Guidance Schemes must be prepared by a Queensland person accredited to make and approve such plans, and must adhere to the standards outlined in the Queensland Department of Transport and Main Road’s Manual of Uniform Traffic Control Devices (MUTCD).
All temporary traffic signs or devices must be placed in accordance with the approved Traffic Guidance Scheme.
If you are unsure if you need a Traffic Guidance Scheme, please contact Council to discuss.
Parking Bay Permit
If you require exclusive/continuous use of regulated parking bay/s (including loading zone, bus zone etc) you must also submit a Parking Bay Permit application ( PDF, 0.32 MB ).
Additional fees will apply for the duration of the permit, calculated depending on the type of parking bay and the number required. Please see the table of current fees on page 4 of the application form.
Tree inspection report
Tree Inspection Report detailing an assessment of species health, value, structure, amenity significance, tree protection and structural root zone, and justification for removal.
If you are unsure if you need a Tree Inspection Report, please contact Council to discuss.
Last Updated: 17 October 2025
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