Breaking a council rule that's already been broken

Hi,

I have an IP in the Brisbane City Council (BCC) area with a council stormwater manhole right in the middle of the property and underneath the existing dwelling - built in the late 50's.

From what I read, the current BCC regulations say I need a 2m radius and 2.5m height clearance (http://www.brisbane.qld.gov.au/bccw...ormwater_drainage_(contents_to_section_4).pdf - section 2.65) for this council infrastructure and the current dwelling as it stands would be lucky to have 50cm radial clearance and 1.5m height.

I am thinking of raising the house and moving a metre or two away from the manhole cover.

My question is - if I do something to the property (lift / slide / etc) will the new council regulations typically be retrospectively imposed, or will the fact that I may be improving on the situation, but not necessarily complying with the new regulations typically be considered favourably when I lodge my building over strormwater application?

Cheers,

MK
 
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