Can council stop a new home development if there is no stormwater options available

Hi everyone.
Another question I am hoping to get some advice on.

We have a new house development that will shortly be going to Ryde council for DA approval.
We already know that stormwater will be an issue as we currently have no stormwater easement on our property.

As we see it, we have 3 options available to us
(1) Implement a charged line solution to the front of the property.
(2) Implement a stormwater / debris pit / retention tank solution.
(3) See if we can get easement access/approval from a neighbouring property

We have spoken to Ryde Council about the charged line (Option 1) and were told that this solution would not be feasible due to the low level footpath reserve that runs along the front of our property

Option 2 also looks like it isnt a viable option as we need a minimum 3m from any side boundary or physical structure to install the tank. Due to an existing pool (that we would like to keep), there is no location that would satisfy this option.

Option 3 is not out of the question but from my research, it is unlikely due to peoples aversions to you digging up their land etc. We also have the added issue that we will need 2 neighbours to agree for this option to work.

So my question is this.
What happens if no viable option for stormwater is possible?
Can council stop our development from ever getting off the ground?
Can we push council to relook at the charged line solution?

Any advice would be appreciated.
Thanks
Andy

 

Have a look at this one:

https://www.defence.gov.au/id/_Master/docs/Disposals/HaberfieldArmyReserveDepotFactsheet.pdf

Agenda of Extraordinary Council Meeting - 5 February 2019 - refer item 22 of the agenda

Linky

This has been an ongoing issue for the past 10+ years.

Although it's not the same issue as yours, council has not approved subdivision.

In your case however, provided your land is appropriately zoned and meets the conditions for subdivision and you get lawyered-up with good town planners, surveyors & valuer's you may be able to make an application under S88K (Easements created by Order of Court - Registrar General's Guidelines) for an easement to be created on the adjoining land as you have tried and exhausted negotiations with the neighbours to cause the easement. @bmc

If the proposed work is for a single house below the road, (not duplexes or other multi-residence subdivision), council will allow a charged line as it is the responsibility of a single owner to maintain the pumps, the same can't be said for blocks of units, duplexes etc.

Rubble pits & soakwells require a large allotment to be effective and not create issues for neighbouring properties.

 

All true as @Scott No Mates says. This has become more of an issue in the last few years it seems (IMHO).
As a town planner I have several clients facing similar problems. What I also see is that some adjoining neighbours know how disruptive they can be if they do not grant an easement and they demand lots of $$$ to allow the easement.

 

Thanks for your time replying and the helpful information.
Just for reference, this is not a subdivision.
It's a knockdown rebuild, double-storey single dwelling.

We thought that a charged line would be the best option, but from speaking to Ryde Council, they said it would be denied "due to the low level footpath reserve that runs along the front of our property"

It really leaves us in a predicament as the retention pit and approval for easement access to a neighbouring property seems unlikely.

 

Still a few possibilities - you may be able to break into a stormwater pit on the street, keep your stormwater runoff at high level eg above ground rainwater tank or push a townplanner/hydraulic engineer for a negotiated outcome for a charged line as it's an existing house.