Hi. Asking for a friend!
- Granted full planning and building approval for a ancilliary dwelling to built in rear yard.
- Ancillary dwelling then fully built including 13 * 4m deep concrete piers.. 70 m2 in size.
- The development was purposely architecturally planned and built 500 mm inside the title drainage easement ... so not to go OVER any stormwater line.
- 2 years later Council (in investigations up and down the street) finds neighbours stormwater pipe actually located further inside the boundary outside the easement and runs directly UNDER the ancilliary dwelling and ... but appears not to have been damaged by the build. Council still have not confirmed location or what state it is in since the build was completed.
- All necessary preliminary searches were been done by the developer + permits granted (including completion etc).
- Council now requires a Part V agreement to be entered into indemnifying them from any costs or claims associated with the development that they approved. If not they may withhold general managers consent for the build (already approved!).
"The Owner shall indemnify and keep indemnified the Council for any costs or claims or damage to the Council’s public stormwater system arising from any infrastructure, building or construction erected by the Owner on or over the Council’s public stormwater system located at the property."
What legal recourse do they have?!?! Owner has done nothing wrong but could be forced to pay for damage caused by the planning authorities building approval. Surely there is an obligation on council's to have accurate records of stormwater assets – or in any doubt – acquire that information prior to granting building permission?
Thanks in advance.
- Granted full planning and building approval for a ancilliary dwelling to built in rear yard.
- Ancillary dwelling then fully built including 13 * 4m deep concrete piers.. 70 m2 in size.
- The development was purposely architecturally planned and built 500 mm inside the title drainage easement ... so not to go OVER any stormwater line.
- 2 years later Council (in investigations up and down the street) finds neighbours stormwater pipe actually located further inside the boundary outside the easement and runs directly UNDER the ancilliary dwelling and ... but appears not to have been damaged by the build. Council still have not confirmed location or what state it is in since the build was completed.
- All necessary preliminary searches were been done by the developer + permits granted (including completion etc).
- Council now requires a Part V agreement to be entered into indemnifying them from any costs or claims associated with the development that they approved. If not they may withhold general managers consent for the build (already approved!).
"The Owner shall indemnify and keep indemnified the Council for any costs or claims or damage to the Council’s public stormwater system arising from any infrastructure, building or construction erected by the Owner on or over the Council’s public stormwater system located at the property."
What legal recourse do they have?!?! Owner has done nothing wrong but could be forced to pay for damage caused by the planning authorities building approval. Surely there is an obligation on council's to have accurate records of stormwater assets – or in any doubt – acquire that information prior to granting building permission?
Thanks in advance.
