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Results 16 to 30 of 30
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14th April 2013, 05:32 PM #16
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15th April 2013, 09:50 AM #17
Yes, this is pretty much in line with my thinking. It seems strange to me that the private certifiers tick off the development with a council seal, yet council claims to have no control of the use of this seal. My thoughts are, their seal = their responsibility. I shall be discussing this with a certifier that I know, and a friendly solicitor.
CheersThere ain't no devil, it's just god when he's drunk!!
Tom Waits
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17th April 2013, 01:53 PM #18
Senior Member
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- Mar 2005
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- 67
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try this?
Had a similar problem at my sister's place. The neighbour ran their drive stormwater into a pipe and through the fence into her side yard. It contributed to a small flood even inside her ground floor.
Once it was in her yard, we figured it was her property so we filled it with expandable foam. Problem solved - well for us it was.
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17th April 2013, 08:09 PM #19
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17th April 2013, 09:48 PM #20
IIRC you have the right to dischage water across your neighbour's land provided yopu don't first concentrate it in a pipe. If the neighbour has effectively constructed a dam on the property line, fixing the drainage problem becomes his.
I don't recall you saying if you and your neighbours share the "community infrastructure" or if the pipe is council's or if it collectively belongs to you and your neighbours. I'm thinking that if the "community infrastructure" that carries the storm water from you and your neighbour's properties to the local creek, someone has the responsibility to fix it. Now that someone may be council -- in your case, because it is undersized I think it only right that they pay for your damage till it's fixed.
I know insurance companies get a bad rap most of the time, but if you're insured and if their assessor agrees that the damage is due to your neighbour's or Council's negligence, you should be able to sit back and watch the fireworks.
But after your check with the local community legal centre, you may find that you're supposed to share the cost with you neighbour -- in that case perhaps suggest that you share the costs, you'll bring the 10T excavator to dig the drainage trench across his yard, if he'll clean up afterwards.regards from Alberta, Canada
ian
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18th April 2013, 10:08 AM #21
Brisbane city council operates under a specific piece of legislation, City of Brisbane Act 2010. Other councils operate under separate legislation, go figure!!
I had previously been informed by council that the pipe in question is "community infrastructure". Seems strange that "community infrastructure" can be highjacked by an individual for their own exclusive use, even though it is patently inadequate to serve the purpose to which it is now put. He has 8 or 9 90mm downpipes from his house going into a 150mm terracotta pipe. I'm not sure that a hydrologist would agree with the certifier as to the adequacy of the system, the numbers just don't add up. This is Queensland where 50mm an hour is not an unusual amount of rainfall.
I note that in the response from council that they refer to the pipe in question as a "private stormwater line". It seems that the nomenclature has changed to suit the situation.
I have friends who work within other councils, Logan, Byron, and others. They, through enquiries within their own jurisdictions, have all said that the issue would be investigated by council officers and that I would be spoken to by a council officer in the course of those investigations. Not so Brisbane City Council. They talk to the certifier, certifier says nup, all is ok, council then contacts complainant and says the certifier says that it is all ok. Council also states at this point, "Unfortunately, council has no jurisdiction over private certifiers. There is nothing to indicate that the system as installed would be deemed unlawful."
Happy days!!
Good to see council working for the community isn't it. I'm so happy to be paying my rates right now.
CheersThere ain't no devil, it's just god when he's drunk!!
Tom Waits
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18th April 2013, 10:37 AM #22
Amazing.
Just so amazing that this can go on.
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18th April 2013, 10:50 AM #23
Deceased
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18th April 2013, 02:06 PM #24
There are several ways to work out the size pipe needed. If you can find a library with "Australian Rainfall & Runoff" including the maps that go with it, look up 'Rational Method' and 'Intensity-frequency-duration methods'. They will give you ways of calculating peak runoff. A good hydraulics text will give you the size of pipe ended.
These are general methods and apply more to ground runoff rather than roof runoff. You will also probably find that there are building codes that give simplified ways of calculating it from rooves, but I'm not familiar with them, nor how accurate they are, but they're usually pretty conservative.
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18th April 2013, 06:16 PM #25
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18th April 2013, 11:02 PM #26regards from Alberta, Canada
ian
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18th April 2013, 11:56 PM #27
you might be able to have quite a bit of fun with this.
If by "community infrastructure" council means the 150mm pipe is "owned" by the owner whose property it passes through and all the users are supposed to pay to upgrade it, your contribution to the upgrade could be to borrow an excavator and dig the trench the new larger pipe will need. Just dig the trench leaving the excavated material on site.regards from Alberta, Canada
ian
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19th April 2013, 09:07 AM #28
The problem I see with this approach is that the insurance company may pay to have the Fyrechech replaced on the rear wall of the shed, but they will not persue the neighbour for cost recovery. They will simply increase the premium that I pay and the problem will become ongoing.
The other issue is that while the shed is included on my home insurance the machines and equipment may be deemed commercial and therefor not covered. Proper commercial insurance to cover the shed is very, very expensive according to my research.
cheersThere ain't no devil, it's just god when he's drunk!!
Tom Waits
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23rd April 2013, 03:58 PM #29
Skwair2rownd
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- Nov 2007
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- Dundowran Beach
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- 0
Who was it said "The law sir, is an ass".???
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23rd April 2013, 04:41 PM #30
GOLD MEMBER
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- Aug 2005
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- Queensland
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