Community Title Driveways Template Bonding Agreement

Norman Waterhouse is pleased to offer a template bonding agreement, with associated guidance materials and training.

Background

Regulation 85A of the Planning, Development and Infrastructure (General) Regulations 2017 provides that the construction of common property comprising an internal driveway or private road is a ‘prescribed condition’ for the purposes of land division consent.

State Planning Commission Practice Direction 12 – Conditions mandates the imposition of the following condition of planning consent (with underlining added):

Council must confirm that either the common driveway (including all access points to and from the common driveway) has been constructed or that evidence of appropriate security for the construction of the common driveway has been provided before the State Planning Commission issues its land division certificate under section 138 of the Planning, Development and Infrastructure Act 2016.

With these changes, there is need for a template bonding agreement which controls:

• the provision of ‘appropriate security’ prior to the issue of section 138 clearance;
• potential transfer or assignment of security to the community corporation;
• facilitation of access onto private land if a council decides to step-in to complete unfinished works; and
• liability and risk issues arising from the Council participating in this process.
   

Key Learnings

Participating councils will obtain access to a template bonding agreement prepared by Norman Waterhouse, 
together with guidance notes for using the template. In addition, attendees will benefit from an interactive session with Norman Waterhouse practitioners and peers, at which common issues, risks and pitfalls will be discussed.
 

Investment per Council: 
Metropolitan Adelaide $1,500 (ex. GST)
Regional $750 (ex. GST)

No limit to attendee numbers

Date & Time:                   
Wednesday, 11 March 2026
10:30am - 12:00pm

Location:                          
Online: Webinar

In-person: Norman Waterhouse Offices
Level 11, 431 King William St
Adelaide SA, 5000