Stormwater Disposal - Information

The Tablelands region has an average yearly rainfall of 1300mm. This high rainfall results in Tablelands Regional Council receiving a large number of complaints regarding the discharge of storm water and overland flow of storm water causing a nuisance to neighbouring properties.

Storm water installations such as guttering and downpipes
 

There is no power under any Act for Councils to require a landowner to carry out new building work or alter building work in relation to an existing building.
Therefore, where the problem is failure to provide proper installations such as gutters and downpipes on existing buildings and structures, Council simply has no regulatory or enforcement power to require a landowner to provide such installations. Owners should pursue civil remedies through the Magistrate’s Court.
In a situation where storm water installations such as gutters and downpipes have been installed, and where Council drainage (either kerb and channelling or an inter-allotment drainage system) has been constructed, and where site conditions are such that it is possible to connect storm water to the drainage system, then Section 77 of the Local Government Act 2009 can be used to require the owner to connect to that drainage system.
However, where no Council drainage system is constructed or site conditions are not appropriate (for example, the site slopes uphill to the street sufficient to prevent adequate drainage) then the situation reverts and the owners are left to pursue their civil remedies through the Courts.
 

Interference with path of overland storm water

In circumstances where fences, walls, swimming pools, landscaping, garden beds, buildings, structures and the like have been erected and are interfering with the path of storm water, Council does not have any legal ability to get involved.
The matter is a civil one between the parties involved. Complainants are advised to obtain legal representation and pursue the matter themselves through the Court system.
In instances where the topography of the land is such that ground water flows from one allotment to another allotment and is not being diverted by the storm water pipes of any building or structure, Council cannot make a person install storm water pits on site. Again, in this situation, the matter is a civil one between property owners.

Development Approvals for Building Work

Council can only act if Council can link the storm water issues to a building permit or development permit and the permit conditions contain provisions relating to storm water.
Before Council issues a notice to have the storm water problem rectified in accordance with the specific building approval or development permit condition, it must first consult with the certifier. If the certifier advises Council that they do not intend to fix the problem, Council may issue a notice against the owner or builder to have the matter rectified.
To make it plain, Council cannot act if the specific building or development permit condition does not contain provisions relating to storm water.

WHAT YOU CAN DO……..

• Have an informal meeting with your neighbouring property owners to discuss issues of concern
• Try and negotiate an acceptable solution suitable to all parties.
• Explore alternatives within your property to redirect the stormwater to a lawful point of discharge. For example: Direct stormwater from your building to the kerb and channel or lawful point of discharge;
• Ensure ground surfaces slope away from your building; and Landscape or re-shape your ground surfaces to drain stormwater to a lawful point of discharge.
• Keep all drains clean and maintained.
• Have any agreements between neighbouring property owners in writing.