How to approach a neighbour

Discussion in 'Development' started by ManniM, 14th Jan, 2021.

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  1. ManniM

    ManniM Member

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    Hi guys,

    I’m in the process of subdividing one block into two. There’s a slight slope towards the back and the council has told us that we need to create an easement for the water to flow down on the road via the house behind us.

    looking for some tips on the best way to approach the neighbour. Has anyone had any experience?

    thanks!
     
  2. Stoffo

    Stoffo Well-Known Member

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    Not the only option.
    How much is the slope over what length ?
    Any and all waste can be pumped "up hill".
    I have seen rain water tanks used as storm water retention basins with the outlet using gravity to push the water up 3ft to street level.
    Or, consult a hydraulic engineer
     
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  3. ManniM

    ManniM Member

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    Thanks mate. Yep, we have spoken to the engineer and hydraulic engineer, however the council has advised that they do not allow retention tanks, hence the only option is to create a stormwater easement flowing into the neighbors property.

    The most annoying part is, before we bought the site, we were told by council that the current property has water draining to the front and no easements would need to be created.
     
  4. Stoffo

    Stoffo Well-Known Member

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    In writting I hope ?
    Then you might have an arguement......
    You know what councils can be like !
    Maybe they just want you to pay an additional fee for an exemption.
    Or they have realized that a retention basin/tank only holds 1 hour of site rainfall catchment, and if there is no electricity to pump out ...............

    I'm not sure in Sydney, but reading a recent thread on the same issue in BCC ( Brisbane City Council) they have allowances for this to occur.
    @Scott No Mates might have a better answer in Sydney.
    I'd expect to allow up to $20k in costs.

    *I did a massive extension to a property a few years back, even though it met council regulations at the time the 90mm outlet to street couldn't cope with HEAVY rainfall.
    So should you have to pay for an easement and installation "go oversize" on the pipe, as your neighbor may wish to develop and might be able to use the same pipe (at a cost, reimbursed to you).
     
  5. Antoni0

    Antoni0 Well-Known Member

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    You can build storm water pump systems to suit just about anything these days, it's usually the cost that is the problem.
     
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  6. wylie

    wylie Moderator Staff Member

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    Do you have that in writing?
     
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  7. Scott No Mates

    Scott No Mates Well-Known Member

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    Most councils won't allow pumpouts for dual occupancies sue to the increased risk of pump failure sue to lack of maintenance by the owner.
     
  8. Antoni0

    Antoni0 Well-Known Member

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    You can buy systems with backup pumps and monitoring.
     
  9. Stoffo

    Stoffo Well-Known Member

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    Main pump, with back up, what could go wrong .....
    Plenty of high density construction these days has the underground carpark/storage as an overflow from the retention basin !

    Isn't this treated like on site sewage systems these days ?
    Regular/quarterly inspections by contractor with report supplied to council (and a compliance fee of course !!!!!).

    Anything is possible, it just takes determination and money ;)
    Neither of which I have :confused:
     
  10. Scott No Mates

    Scott No Mates Well-Known Member

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    I recall Parramatta was a strict "no" on dual OC's with pumps.
     
  11. Firefly99

    Firefly99 Well-Known Member

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    Do both of the newly created blocks have street frontage? If not, and the site is sloped down at the back it was never going to drain to the front (defying gravity), no matter what the council says.

    Edit: I’m not trying to be a smart arse, just confused!
     
  12. Stoffo

    Stoffo Well-Known Member

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    Plenty of places "back in the day" had gravel pits, this is a dispersion method into the ground.

    But as block/ground area has reduced and roof and paved area's have increased due to subdivision and higher density development, the volume of water catchment has increased V's the ground area that has decreased.....

    This is also the reason for the rise of retention basins, the older council infrastructure/drainage pipes can no longer accommodate the increased catchment volume they need to carry/remove.

    Plenty of buildings have fall away from the street, these often have pvc connections to downpipes above ground level as much as 3-4ft, so the water pushed it's way up and out.

    Council having the stormwater run thru the lower neighboring property doesn't necessarily solve the problem, and a site retention basin (to limit the volume going to stormwater during a rain event) may still be required (ever wondered why rain water tanks became a star rating ????).

    Good luck to tbe OP
     
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  13. ManniM

    ManniM Member

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    Wish i did! This is my first development project so didnt think anything of it at the time. Good learning for next time.

    I did pick this up and although i haven't gone to council yet to ask the question, would it be possible to put an application in for subdivision only, rather than getting a DA for the construction and subdivision together? I'm thinking if we just have the subdivision done first, then would it be possible to have a private certifier approve the construction at a later time based on a single dwelling residence rather than it being treated a dual occ?


    Yep, both blocks will have street frontage. When i look at the DCP for single dwellings it only talks to roof water run off, and for the existing property that's on the block at the moment, the roof water does drain to front, however under the dual occ controls, it refers to surface water. The council want us to put in the easement for the surface water at the back.

    Yep, an OSD is also required.


    Thanks everyone for the help! Has been really insightful... please keep the ideas coming!!!
     
  14. Antoni0

    Antoni0 Well-Known Member

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    Does the property slope towards the neighbour? I think your council might be worried about flooding their property with over land water flow. You need to investigate all the options before approaching them and speak to someone with experience about draining the water away. Depending on the fall of the property you could offer to place piping under a fence line to minimise the neighbours land wastage or have a figure in your head to offer them for an easement. It isn't the best practice but if the property conditions allow, you could use some type of concrete spoon drain on the property limits.

    Is the neighbour's property subject to planned future development by council ? They could make use of the easement as they construct dwellings, where the driveway or a road may be alongside the piping, It's things you'll need to look into because most neighbours will not be susceptible to land loss or possibly even your development.
     
  15. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    See local town planner advice. If you dont get the optioons and choices right your sole solution wiill be a neighbour who says no
     

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