MCU10/2116 Notice of Submission Spencer Jacob

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The substantial hillside to the East of the proposed MCU/Lot drains to this exact point - Council's
largest Stormwater Sump serviced with large diameter pipes of 600mm width. This final point of
capture by the Council Stormwater System was overwhelmed with the overland and piped flows,
with Council's Grate disappearing under 400mm of water for approximately a quarter of an hour.

The result was ALL of the considerable stormwater and drainage provisions of our Lot which drains
directly into this Sump were overwhelmed, with stormwater backing-up from this now submerged
and not draining Sump, creating torrential overflows from our now-'blocked' Gross Pollutant Trap
across this Property's entire Driveway Area, Resident and Guest Parking Areas and Resident's patios.

Further paving and other forms of hard, non-absorbent surfaces where presently one acre of soft
grass stands will very considerably worsen these natural water flows from the hillside where they
are directed by natural contours and Council's kerbing, channelling and swales to the Stormwater
Sump in the immediate vicinity of the Club's 5 Opal Street Allotment/s subject to this MCU/DA.

Upgrade works to the Council stormwater System in this location MUST be undertaken before
increasing the unmanageable water flows already experienced from existing developments.

The next domino to fall was the Council Sewage System.

Sewage

All of our Five (5) Units at 15 Opal experienced extremely disturbing bubbling, 'burping' and
vibrations from their Sewered Appliance Connections to the Sewer Riser situate under an Easement
on our Eastern Boundary - toilet suites bubbling, bathroom and kitchen drains rumbling and venting.

On this occasion there was no spill-over of raw sewage into the interiors of any of these new homes,
but it was a disturbing, deeply troubling and uncomfortably imminent disaster.

We investigated the event with our hydraulics and plumbing contractors, who advised as follows.

This apparent relation between the Stormwater & the Sewage Systems was explained by long-term
experienced Cooroy local plumbing trades contractors (incl. former Council Plumbing staff) as a
event well known in low-lying Cooroy locations - known as infiltration - the process by which over-
lying stormwater leaks into the (mostly near-empty) Sewer System Pipes from gaps, breaks and
other failures of the Sewer pipes and seals throughout the underground Sewerage Pipe Network.

Failed/porous underground Sewer Piping operates similarly to a giant agricultural absorbtion drain
(a giant 'aggy drain') when it is immersed in and under water.

Large additional stormwater flows infiltrating the much more limited capacity of the Sewer System
quickly overwhelms the Sewer's carrying capacity which can only relieve the increased pressure and
volume increase by backing-up - blowing man-hole covers, and/or backing-up through Sewer-
connected Appliances inside Residents Properties. In both of these pressure-reducing events the
back-up will flow out as raw untreated sewage in Residents Premises (areas of human habitation).

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Council are well aware of the deterioration of the Sewer System in this locality. During Construction
of the Units at 15 Opal St Council's Contractors, InterFlow, deployed Field Inspection Teams with in-
pipe test equipment on no less than seven (7) observed separate occasions. The System here fails.

Diamond Lane Vehicle Carrying Capacity, Maintenance & Indicated Upgrade

This narrow, unkempt and poorly maintained mostly single-lane Laneway is already wholly unsuited
to its existing traffic volumes.

It has failing verges, rough asphalt edges crumbling into weed-choked open sections of stormwater
drain, and clogging erosion from the toxic former Energex Depot's 100m of rear Lane frontage.

Overhanging and untended foliage require Waste Collection and all other high trucks or commercial
vehicles to cross to the open Southern side of the narrow asphalt strip. The edges beyond the 3m
total width of asphalt Laneway are either an open drain on the Northern side with a drop of up to a
car-disabling 400mm, or soft clay soil on the other which routinely bogs all except 4WD vehicles.

Council levied a number of Developer-funded Upgrades from the Developer of 15 Opal Street as a
condition of Development Approval on this adjoining allotment.

No other Residential Property other than the 5 Units at 15 Opal St are obliged to use this Lane - an
experience which is sub-standard, at times dangerous, and crying out for proper Road & Traffic
Planning/Regulation.

DA Approval will more than double the essential daily Resident Vehicle movements along the
Laneway from the proposed Six (6) Unit Development in this DA Application.        An engineering
study needs to evaluate Total Laneway Reconstruction for responsible safety and amenity.

It is submitted that the increased traffic movement which Council are favouring in this sub-standard
Laneway require the Lane to be brought to a standard at least meeting the Australian Standards.

Loss of Opal Street Parking

If Diamond Lane is not used for Vehicular access to a redeveloped Lot 5 there is the consequential
loss of at least Four (4) existing Public Parking Bays in Opal Street - constructed and funded to meet
the parking requirements of the existing Bowls Club Patrons, who must be displaced if existing car
parking spaces are lost to new Residential Development's Driveway Apron, Residents and Visitors.

Community Health, Safety & Amenity

Further load on a deteriorating and failing system of Stormwater & Sewage - with its financial
impacts on affected properties, Public Health and Resident Well-being - clearly risks the charge of
gross irresponsibility, and certain exposure to litigation for which Council must make provisions.

If the MCU is Approved, Council and/or Developer Contributions must bring the Cooroy Stormwater
Management & Sewage Systems and Laneway within proper health and safety compliance levels
and these Public Services and Laneway are not in breach of the applicable Australian Standards.

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Community Interest

This DA/MCU is, in fact, an Application for Commercial Sub-Division of Community Uses Land.

The Land was gifted to the Bowls Club for the express purpose of this Community Sports Facility in
accord with its long-existing Zoning of Recreational Open Space.

The Re-Zoning, Sub-Division, subsequent Development & Sale of Community Land for private gain is
a core matter in Council's management of Community resources in the Community interest. It
certainly requires a full explanation from SCRC in terms of Council's Community charter, and at least
Council's Solicitor providing his legal view of the question over benefits from the resulting significant
profits which will be accrued from Community Land sale being directed wholly into the consolidated
revenues of a private entity.

Should the MCU/DA proceed, there appears a strong argument for some of the profits made from
the gifted (free) Recreational Open Space Land given by Council for Community Uses by the Bowls
Club, being properly returned to the broader Community, for instance for community sports
facilities, rather than simply being a half million dollar profit from the sale of a Cooroy Community
Recreational Open Space resource by one Licenced Club.




Conclusion

We fully support the Material Change of Use, the Re-Zoning, and the subsequent Redevelopment
of this under-utilised Lot 5 resource PROVIDED proper Contributions and Works are effected to:

    • redress the existing over-loaded Council Infrastructure, and
    • preserve the existing Resident amenity and property values

The question regarding Community Interest in the proceeds we leave to Council and other parties.




In the interests of other current and future Owners, copies of this document will be provided to all
Owners of Units at 15 Opal Street.




m: 0438 611600