TAS Permission for stormwater access

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Annita

Well-Known Member
9 February 2020
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Please can someone advise me.
The block I bought was subdivided two years ago. On the planning docs it is tickedt off as having access to a reticulated stormwater point as per regulations.
It does not. The stormwater connection is 10m away on an easement be on neighbour's land. It is not connected.
I bought it from person who bought it from developer.
Neighbour won't allow me access to it and at the same time says I can't build as water will run into his land. Neighbour happens to be the developer!
Under Tas legislation all urban drainage must be provided with access to stormwater reticulated connection if within 30m of a stormwater point.

Pls advise. Thank you.
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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I’d suggest going to Council and confirming the conditions of approval for the subdivision. Assuming the stormwater connection is a condition (and it should be, stormwater discharge is a usual consideration), go to the developer and demand they rectify the situation.

if that doesn’t work, go to council and complain. However, be prepared for some numpty to decide at first instance that it’s your block and you need to pay for fixing it.
 

Annita

Well-Known Member
9 February 2020
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As the council ticked it off aren't they at fault? Obviously the developer is the one who got it all wrong but the council passed planning and development of survey plans. Not noticing or declaring that there is no stormwater point into stormwater system.
 

Rob Legat - SBPL

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16 February 2017
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I don't know how your Council do things, but here on the Gold Coast in Queensland (where I am) Council doesn't certify completion on anything. It is all done by private certifiers. If that's the case, then either: (a) Whoever certified it has lied; or
(b) Someone has messed with it after certification.
 

Annita

Well-Known Member
9 February 2020
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Council says as there was no condition written about who.was meant to make the connection, we can hire a plumber and pay for.the pipes to be laid. Then make connect ion Is this.normal?
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Not in my experience. Connection to stormwater discharge is a standard condition of any subdivision approval, as is ensuring that drainage and runoff until connection is completed is likewise mitigated. I'd say it was a condition, and by 'not stated who' it's probably against the owner of the property at the time - i.e. the developer. You're going to need to take them to task. I'd suggest finding a lawyer in your area who's willing to start rattling cages from the developer to the certifier to Council until someone does something.