I see that there are no sub-forums that would deal directly with my problem.
The following post is very long for which I am sorry, but I feel the need to provide as much information as possible.
I have a matter currently before the Australian Human Rights Commission(AHRC) involving myself/97 year old mother(both disabled) and the Council alleging discrimination.
I live in a house purchased in mid 1970's(it used to be a "weekender" in regional NSW but is now my full time residence) by my parents where we had a separate driveway.
The local council(Council) widened the road/constructed footpath in the early 1980's and our driveway exit was merged with the neighbour empty residential block.
Our driveway runs perpendicular to the road(steep hill/battleaxe block situation).
Neighbours(built on formerly vacant block in the early 1990's) and their visitors repeatedly block my access.
Electricity/utility provider installed a telegraph pole in the mid 1990's significantly blocking our exit path with no opposition from the Council.
Both my mother and myself need AMBULANCE access due to declining health/disabilities.
The NSW Ambulance Service recently wrote to me confirming that they are unable to enter my property and need to park on the street, a long way from the house, as the substandard footpath construction/protective guardrail/steep terrain/telegraph pole means they will not attempt entry.
I am subject to falls and potential vascular events as confirmed by my medical specialist.
Inconsiderate neighbour parking can also block access at any time.
After complaining to the neighbours, I have suffered vandalism to my car and property, and suffered vilification due to my obvious physical handicap.
We have always known, and regularly experienced, that the poorly constructed footpath/intrusive guardrail/intrusive telegraph pole will(and has on many, many times) make access difficult for our family and visitors or tradesmen/delivery drivers.
Collisions have almost occured with passing traffic.
I have almost run over pedestrians on the footpath when reversing due to constrained visibility.
The Council's "purported" dedicated "Road Safety Officer" is not in the least bit interested about these very valid road safety issues.
"Sightlines" - a traffic engineers term describing visibility, are highlighted by a civil engineer to be poor.
Despite many, many years of making formal complaints to Council to rectify the situation, no alteration to the road/footpath hardware has been made by Council.
Council describes the situation as, and I quote, "impossible" to improve - a formal Council resolution stating this in 2014.
My mother, and in the last 8 years since I moved here, have complained to Council so much and so often without result that we have now been categorised by Council as being covered by their “Unreasonable Complainant Conduct Policy”.
I have called/written to/have been visited by the Local State Member.
He has lost interest.
The Minister of Local Government is PATHETIC and is not in the least bit interested in helping, or directing Council to fix the very obvious problem.
Police have taken up to 4 hours to attend to neighbour parking blocking access.
I recently sought help from a traffic/civil engineer, who confirms in writing the difficulty that would be faced by an ambulance crew attempting to enter, but that improvements to the poorly constructed footpath/intrusive guardrail could be made without much engineering difficulty.
(quote from engineers report)
[.....]
It is apparent from inspection (and recognised by [Council] through their documentation) that this is a very tight and difficult to navigate property access. It is further considered that due to the geometric constraints and inability to turn around on site that a driveway in this existing configuration would not be approved today under [Council’s] DCP and other standards. It is reported to us that beyond vehicle turning circles, NSW Ambulance have indicated the site is inaccessible to their emergency vehicle due to the excessive crossfall from the back of the existing footpath down onto the existing access track.
From our experience and capacity as professional engineers our recommendations to improve this access situation include:
[.....]
Council REFUSES TO BUDGE, saying that the problem is not their concern.
According to them this is "a private matter" requiring my family to pay for any improvements - even though it is Council owned hardware that is causing the basic problem.
The AHRC agreed to take up this matter last year.
HOWEVER, I am unable to ascertain from their involvement whether or not they consider that I have a solid case to bring against Council.
The matter is still at "conciliation" stage at present.
After receiving advice from my local legal aid centre it was suggested that I should approach the Australian Centre for Disability Law, Strawberry Hills, Sydney.
They refused to help me, and refused to tell me why they would not act on my behalf, or if I have a "case".
I need advice from those well versed in Disability Discrimination and Local Government law.
The Council is obviously well funded with access to professional advice countering my claim.
Being on the Disability Support Pension(and my mother a War Widow) funds are very limited.
I have vast amounts of documentation/photographs detailing the problems over the years.
Once again, I am sorry for the long post.
Thank you.
The following post is very long for which I am sorry, but I feel the need to provide as much information as possible.
I have a matter currently before the Australian Human Rights Commission(AHRC) involving myself/97 year old mother(both disabled) and the Council alleging discrimination.
I live in a house purchased in mid 1970's(it used to be a "weekender" in regional NSW but is now my full time residence) by my parents where we had a separate driveway.
The local council(Council) widened the road/constructed footpath in the early 1980's and our driveway exit was merged with the neighbour empty residential block.
Our driveway runs perpendicular to the road(steep hill/battleaxe block situation).
Neighbours(built on formerly vacant block in the early 1990's) and their visitors repeatedly block my access.
Electricity/utility provider installed a telegraph pole in the mid 1990's significantly blocking our exit path with no opposition from the Council.
Both my mother and myself need AMBULANCE access due to declining health/disabilities.
The NSW Ambulance Service recently wrote to me confirming that they are unable to enter my property and need to park on the street, a long way from the house, as the substandard footpath construction/protective guardrail/steep terrain/telegraph pole means they will not attempt entry.
I am subject to falls and potential vascular events as confirmed by my medical specialist.
Inconsiderate neighbour parking can also block access at any time.
After complaining to the neighbours, I have suffered vandalism to my car and property, and suffered vilification due to my obvious physical handicap.
We have always known, and regularly experienced, that the poorly constructed footpath/intrusive guardrail/intrusive telegraph pole will(and has on many, many times) make access difficult for our family and visitors or tradesmen/delivery drivers.
Collisions have almost occured with passing traffic.
I have almost run over pedestrians on the footpath when reversing due to constrained visibility.
The Council's "purported" dedicated "Road Safety Officer" is not in the least bit interested about these very valid road safety issues.
"Sightlines" - a traffic engineers term describing visibility, are highlighted by a civil engineer to be poor.
Despite many, many years of making formal complaints to Council to rectify the situation, no alteration to the road/footpath hardware has been made by Council.
Council describes the situation as, and I quote, "impossible" to improve - a formal Council resolution stating this in 2014.
My mother, and in the last 8 years since I moved here, have complained to Council so much and so often without result that we have now been categorised by Council as being covered by their “Unreasonable Complainant Conduct Policy”.
I have called/written to/have been visited by the Local State Member.
He has lost interest.
The Minister of Local Government is PATHETIC and is not in the least bit interested in helping, or directing Council to fix the very obvious problem.
Police have taken up to 4 hours to attend to neighbour parking blocking access.
I recently sought help from a traffic/civil engineer, who confirms in writing the difficulty that would be faced by an ambulance crew attempting to enter, but that improvements to the poorly constructed footpath/intrusive guardrail could be made without much engineering difficulty.
(quote from engineers report)
[.....]
It is apparent from inspection (and recognised by [Council] through their documentation) that this is a very tight and difficult to navigate property access. It is further considered that due to the geometric constraints and inability to turn around on site that a driveway in this existing configuration would not be approved today under [Council’s] DCP and other standards. It is reported to us that beyond vehicle turning circles, NSW Ambulance have indicated the site is inaccessible to their emergency vehicle due to the excessive crossfall from the back of the existing footpath down onto the existing access track.
From our experience and capacity as professional engineers our recommendations to improve this access situation include:
[.....]
Council REFUSES TO BUDGE, saying that the problem is not their concern.
According to them this is "a private matter" requiring my family to pay for any improvements - even though it is Council owned hardware that is causing the basic problem.
The AHRC agreed to take up this matter last year.
HOWEVER, I am unable to ascertain from their involvement whether or not they consider that I have a solid case to bring against Council.
The matter is still at "conciliation" stage at present.
After receiving advice from my local legal aid centre it was suggested that I should approach the Australian Centre for Disability Law, Strawberry Hills, Sydney.
They refused to help me, and refused to tell me why they would not act on my behalf, or if I have a "case".
I need advice from those well versed in Disability Discrimination and Local Government law.
The Council is obviously well funded with access to professional advice countering my claim.
Being on the Disability Support Pension(and my mother a War Widow) funds are very limited.
I have vast amounts of documentation/photographs detailing the problems over the years.
Once again, I am sorry for the long post.
Thank you.
