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New housing developments often require access through neighbouring private property to install drainage or stormwater infrastructure. This can present challenges for both developers and affected property owners.
This article outlines practical advice for both parties — including negotiation tips, an overview of legal rights under the Local Government Act 1974 ("Act"), and guidance on when to seek legal advice. Resolving matters amicably is encouraged to help avoid unnecessary costs, legal disputes, and strained neighbourly relationships.
These issues typically arise when a developer needs to lay drainage pipes under a neighbour’s driveway, across a backyard, or alongside a boundary fence to connect to council infrastructure. It’s particularly common in subdivisions, infill housing projects, and developments where intensification is happening on smaller residential sections. Sometimes, the only practical option to complete essential drainage or stormwater works is to cross neighbouring land — which can understandably create tension if not handled carefully.
You are not under any obligation to consent to any proposed works that require access through your property. If your neighbour asks for your consent, you may refuse it. However, under the Local Government Act 1974 ("Act"), your neighbour can apply to the Council and make an application if you withhold consent. Section 460(1) of the Act says that if the Council is of the opinion that the only practical route is through your property, the council may pass a resolution, enter upon your property and execute, and do all of the works and things the council considers necessary in order for a drain to be laid in an efficient manner. The Council's power to pass a resolution enabling access through a property is purely discretionary.
If an application is made, any affected property owner has the right to be heard under section 460(2) of the Act. This means that the Council must provide you with an opportunity to present your views /objections before passing any resolution that may impact your property. Each application is decided on its respective merits. The Council's key consideration is whether the developer must obtain access through your property to meet their drainage/stormwater requirements.
If your development plans may require access through neighbouring property, it is important to approach any affected owners as early as possible. Open communication builds goodwill and can help avoid costly disputes later.
We recommend:
Taking these steps demonstrates respect for your neighbours and reduces the likelihood of needing to apply to the Council. The Council will also consider whether you made genuine efforts to negotiate before making an application.
If your neighbour refuses to engage or consent, we recommend seeking legal advice before proceeding further. A lawyer may be able to assist in resolving the matter without a formal Council application, saving time, costs, and neighbourly relationships.
Keep in mind that even if you succeed in obtaining Council approval, the process can lead to delays and additional expenses, making it a last resort option.
If you are approached by a neighbour requesting access through your property, you are entitled to withhold your consent. However, it is important to carefully consider your position. If your neighbour proceeds with a Council application and is successful, you may lose the ability to negotiate compensation. Accepting a reasonable offer early on could be to your advantage.
We recommend:
By engaging proactively and sensibly, you may be able to achieve a more favourable outcome without needing to escalate the matter.
Whether you are a developer or an affected property owner, early communication, a willingness to negotiate, and professional advice can help you avoid costly and stressful disputes. Maintaining a constructive approach can lead to mutually beneficial outcomes — protecting your interests while preserving good neighbourly relations.
If you need advice or assistance with development plans or drainage access issues, please contact us. Our experienced team has acted successfully for clients on both sides of the process.
New housing developments often require access through neighbouring private property to install drainage or stormwater infrastructure. This can present challenges for both developers and affected property owners.
This article outlines practical advice for both parties — including negotiation tips, an overview of legal rights under the Local Government Act 1974 ("Act"), and guidance on when to seek legal advice. Resolving matters amicably is encouraged to help avoid unnecessary costs, legal disputes, and strained neighbourly relationships.
These issues typically arise when a developer needs to lay drainage pipes under a neighbour’s driveway, across a backyard, or alongside a boundary fence to connect to council infrastructure. It’s particularly common in subdivisions, infill housing projects, and developments where intensification is happening on smaller residential sections. Sometimes, the only practical option to complete essential drainage or stormwater works is to cross neighbouring land — which can understandably create tension if not handled carefully.
You are not under any obligation to consent to any proposed works that require access through your property. If your neighbour asks for your consent, you may refuse it. However, under the Local Government Act 1974 ("Act"), your neighbour can apply to the Council and make an application if you withhold consent. Section 460(1) of the Act says that if the Council is of the opinion that the only practical route is through your property, the council may pass a resolution, enter upon your property and execute, and do all of the works and things the council considers necessary in order for a drain to be laid in an efficient manner. The Council's power to pass a resolution enabling access through a property is purely discretionary.
If an application is made, any affected property owner has the right to be heard under section 460(2) of the Act. This means that the Council must provide you with an opportunity to present your views /objections before passing any resolution that may impact your property. Each application is decided on its respective merits. The Council's key consideration is whether the developer must obtain access through your property to meet their drainage/stormwater requirements.
If your development plans may require access through neighbouring property, it is important to approach any affected owners as early as possible. Open communication builds goodwill and can help avoid costly disputes later.
We recommend:
Taking these steps demonstrates respect for your neighbours and reduces the likelihood of needing to apply to the Council. The Council will also consider whether you made genuine efforts to negotiate before making an application.
If your neighbour refuses to engage or consent, we recommend seeking legal advice before proceeding further. A lawyer may be able to assist in resolving the matter without a formal Council application, saving time, costs, and neighbourly relationships.
Keep in mind that even if you succeed in obtaining Council approval, the process can lead to delays and additional expenses, making it a last resort option.
If you are approached by a neighbour requesting access through your property, you are entitled to withhold your consent. However, it is important to carefully consider your position. If your neighbour proceeds with a Council application and is successful, you may lose the ability to negotiate compensation. Accepting a reasonable offer early on could be to your advantage.
We recommend:
By engaging proactively and sensibly, you may be able to achieve a more favourable outcome without needing to escalate the matter.
Whether you are a developer or an affected property owner, early communication, a willingness to negotiate, and professional advice can help you avoid costly and stressful disputes. Maintaining a constructive approach can lead to mutually beneficial outcomes — protecting your interests while preserving good neighbourly relations.
If you need advice or assistance with development plans or drainage access issues, please contact us. Our experienced team has acted successfully for clients on both sides of the process.
© McVeagh Fleming 2025
This article is published for general information purposes only. Legal content in this article is necessarily of a general nature and should not be relied upon as legal advice. If you require specific legal advice in respect of any legal issue, you should always engage a lawyer to provide that advice.
