2016-11-08 S&O Agenda - Item 1, Attachment 1 - Annual Report 2015-16

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                        8 NOVEMBER 2016


Council officers sought legal advice from its solicitor in regard to the submitted letters. After
discussions with staff Council’s solicitor responded to the applicant’s solicitor concerning the
letters sent to Council. The response includes:
      in my view, the Council has no legal responsibility with respect to the drainage issues on
        your client’s land or the manner of drainage from the point of discharge from the easement
        on the adjoining land,
      there is no “system of drainage” beyond the registered drainage easement, nor can an
        easement by necessity be implied in favour of the Council in these circumstances,
      there is no requirement at law for the Council to maintain a drainage system, and
      any liability on the part of the Council as alleged in your letter is denied.
      Council is acting pursuant to its statutory obligations to process the application and in doing
        so has requested further information from your client in order that it can make a full
        assessment of the issues raised by the application, and
      it is not appropriate for the Council to provide the development approval in the absence of
        relevant information. Nor is it appropriate for the application fee to be refunded.
CONCLUSION
The works undertaken by the owner of 15 Blackbean Court have the potential to block the
overland flow of stormwater and cause damage to the subject site and the adjoining property and
also adversely affect the native vegetation at the rear of the sites due to changes to runoff
characteristics. The information submitted by the applicant has not addressed Council’s concerns
and has not demonstrated that the works will not create any adverse impacts.
It is noted that the subject site and the adjoining properties are affected by building envelopes
created as part of the original development. The building envelopes are located in the front
portion of the sites. Due to the natural topography and the level of the stormwater outlet pipe the
potential blockage of overland flow is unlikely to affect any dwellings or ancillary buildings and
only impact on the rear of the site.


Departments/Sections Consulted:
     Chief Executive Officer                    Community Services                 Corporate Services
     Executive Officer to the Mayor & CEO       Community Facilities               Financial Services
     Executive Support                          Community Development              ICT
                                                Libraries & Galleries              Procurement & Fleet
                                                Local Laws                         Property & Facilities
                                                Waste & Environmental Health       Revenue Services

     Executive Office                       X   Planning & Infrastructure
     Community Engagement                       Building & Plumbing Services
     Customer Service                           Civil Operations
     Economic Development                       Infrastructure Planning & Design
     Governance                             X   Planning & Environment
     Human Resources                            Strategic Land Use Planning
     Sustainability




                                                                                               Page 30 of 70