Stormwater connection - upstream

I own a post-war house(1955) in Brisbane.

It is about one metre below the road at its base and therefore does not have a stormwater drain to the road.

The stormwater from the roof drains via the downpipes directly on to the ground and flows downhill to the back fence.

The neighbour at the back (below me) has just demolished an old house and is in the process of replacing it with a big single modern house.

This development can’t be seen on PD online because it is deemed not to cause an impact and therefore no council assessment, and only by private certifier.

I asked the builder if he was required to put in a stormwater drain connection for my property to a legal point of discharge (LPOD) for possible future development, as per Brisbane City Council stormwater code.

Stormwater Code PO11

“provision must be made for the future orderly development of adjacent properties with respect to stormwater drainage where at least part of those upslope properties would drain through the development.”

Of course the builder said he didn’t have to provide drainage to a LPOD for our upslope property as he was just replacing one house with another, and provision for upstream stormwater drainage is only for big developments subdivision etc,

I would be very grateful if an expert on Propertychat could tell me if what the builder days is correct, and that he doesn’t have to provide me with a stormwater connection for future upstream development.

 

Ask your council planner, they should know their own planning laws & serve a order to install if it is required under their LEP/DCP.

 

I did speak to a council town planner.

Unfortunately he was not very helpful with my stormwater query.

All he said is that it must be a complying development and therefore council did not have much to do with it.

He appeared not to know much about the Brisbane Stormwater Code and seem surprised when I told him my stormwater downpipes simply drain to the ground (1955 house) and no stormwater pipes.

I think I really need to speak to a council hydraulic engineer it they will let me.

 

@jimmyjohnstone I’m not sure of their legal obligation to leave a point for you, but I wonder if it would be worth your while speaking to your neighbour and negotiating a deal.

Maybe split the cost of them running a bit more pipework to the fence. Explain that you’re worried about your house flooding their new property and if a provision isn’t left now it would be really hard to do later on.
If it’s only an addition 10-15m of pipe their plumber might put it in for $500. It might be a good way to keep the peace and accept the cost yourself so you have a point for your future works.

 

If you want an extra pipe installed, you should be offering to pay for all the xtra cost.

Because if your stormwater run off causes issues, you’ll be paying anyway! Your run off is 100% your responsibility not your neighbour’s!

However there may be other solutions (soakage pit...not sure of the correct term).

 

Because if your stormwater run off causes issues, you’ll be paying anyway! Your run off is 100% your responsibility not your neighbour’s!

Not correct Joynz.
For houses built prior to 1975, Brisbane City Council does not require owners to drain their stormwater to a lawful point of discharge.
Many of these old houses, like mine, never had stormwater pipes of stormwater network.

i just want to know if it is mandatory for the builder to provide a stormwater connection for future upstream development.
I think only a property lawyer or hydralic engineer could answer the question
Will try to find out who to contact next wee and keep you informed
Thanks


.

 

I didn’t mean that you had to connect to stormwater, I meant that it is your responsibility to deal with your stormwater so it doesn’t flow to other properties.

BCC may have different rules, I guess - but I would have thought they would be similar to Vic re. flow onto other properties.

You may find that discharge to a rubble pit might not be acceptable in future - best to check it out, if you prefer not to connect the the neighbour’s stormwater pipe.

Once the new house is built, you may find that your run off becomes more obvious and your neighbour may complain...

 

These neighbours could simply have said no. As @Joynz says, I believe it is your responsibility so if you can sweeten the deal to make it attractive for your downhill neighbour to allow you to hook into or run piping through their yard, perhaps right beside a fence line so as not to get in the way of their future plans, then you've saved yourself a lot of headaches.[/QUOTE]

 

"]These neighbours could simply have said no.

That's what they said - No - despite that I offered to pay for the connection.
They seemed a little p****ed off that i would even ask.
I hope there is some solution when one of the downhill neighbours comes complaining.
I don't think water can flow uphill.
My wee postwar home is only about 90 odd square metres. Last one standing in this area. Except for the carport and concrete driveway tracks, the rest of the 680sq block is grass. The back fence is about 30 metres from the back fence so i am not exactly concentrating the water into their yard.
Yes, I don't think they allow rubble pits anymore but you would think the council would have to offer another solution.

 

OK - in the OP, it sounded like you expected the neighbour to pay for it.

 

Hi Jimmy the correct quote from bcc is "Council encourages property owners with houses built prior to 1975 to drain their stormwater to a suitable lawful point of discharge such as the kerb and channel. It is not a requirement of Council unless the site is redeveloped or the integrity of the 'grey line' is compromised and alternate drainage is sought."

stop being a tight ass and expecting someone else to fix your issues, either pump it to the street or politely ask the neighbour for you to pay for the extra works.

 

Neighbours have rejected outright, the proposal a stormwater connection through their property. (Bye the way, I was quite happy to pay for this). Thanks Wylie, you have given me some hope. Brisbane City Council may be more flexible than I thought. If they allow rubble pits when there is no other option, they may also allow charged stormwater systems. A charged system would be the ideal solution for me. My house is on stumps, and the guttering must be at least 5metres above the road.
I've never seen or heard of pumping stormwater to the road around here

 

I’m in Logan council and it was a condition of my DA that I provide a legal point of discharge for my upstream neighbour. I have to run a stormwater pipe up to the lowest corner of their property (an additional 60 metres) at my own cost. I’d be contacting the planning officer that signed off the DA and just getting written clarification of the condition that you’ve mentioned in your original post.

 

Thanks Sheshop,

The development has gone through as an ‘Accepted Development ‘ and therefore a development application is not required.

Unfortunately for me, I’ve just noticed that with an accepted development, there is no need to comply with Codes (stormwater code) or other requirements of the Brisbane City Plan.

Oh well, I was never going to develop anyway. I just hope one of the soon to be five new Hampton style homes(all grey) on the hill down from me don’t have a go at me over stormwater.

 

Hey Jimmy. There is no requirement for your downstream neighbour to install a new upstream stormwater connection for your property when they are building their house (if they were subdividing their site, they would be required to provide a stormwater connection for your property). By the same token, there is also no requirement for you to provide a lawful point of discharge for your house (if your house is existing and the property currently doesn't have a lawful point of discharge). You just need to ensure that you do not create a nuisance for the downstream properties. Given the gentle slope of your property and the small roof area of the existing house, I can't imagine there would be a great deal of water going through to the rear anyway. If you want to build a new house (or extend the existing house) in future, you can either manage your stormwater through a charged line to the street or have a rubble pit in the backyard. You won't have to provide a "lawful point of discharge."

 

Thanks LJW
This is exactly the information I was after.