Council making me build Stormwater to street

I have just received a planning permit for a rear dwelling subdivision from Banyule council however this is under the proviso that we connect up the stormwater for the new rear dwelling, not to the existing properties stormwater, but to the end of the main street (approximately 65 metres from front of block up to the main street).

I am new to this game but to me it seems highly unfair that I must pay for infrastructure that I will actually have no ownership over. I am told that council is making me pay for this upgrade of infrastructure due to the fact that I am the first person on my side of the street to develop. had I have been the second, I would have been entitled to simply tap into the unfortunate first person's upgrade at no substantial cost.

I have enquired as to the possbility of utilising a retention pit on the block to enable controlled release of the stormwater. council has advised they would only accept this as a solution if the proposed stormwater upgrade was going to interrupt existing sevices. Unfortunately a dial-before-you-dig analysis shows that this would not be the case. So I guess I am relegated to doing the councils bidding?? I am peeved because I really feel like the council is simply using me to upgrade their own infrastructure without any cost to themselves (I thought this was why I paid rates)
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A few questions for my learned friends out there:

1) has anyone encountered this issue and do I have any relevant argument against having to run 65 metres of stormwater instead of being able to tap into the front dwelling's stormwater?

2) If I do go ahead with this - am I entitled to any reimbursement in the future should any of my neighbours want to tap into this for future developments?
 
Try taking your case to the herald sun.

Try to create the angle that this is one of the reasons why property is so expensive. Especially the part about the council using the first person to develop to pay for infrastructure upgrading.

If the herald sun really bites, the council being typical public servants might just try to 'fix' the problem to avoid the spot light.
 
Well, that sucks. I saw an episode on Grand Designs Australia regarding storm water drain. I think they ended up getting it fixed then a few months later found out the problem has something to do with a pipe two streets away or something like that.

Next term I could be doing a property law course and might be able to find something out if this issue still exist as I'm curious myself. It's a question that I would ask my instructor (whoever he/she may be).

Till then, good luck.
 
Thanks guys - FYIhave just sent a letter to the Herald Sun - keep your eyes posted to see if it gets any play!

Also Telejazzer - I also saw that episode of GDA! My favorite show (the UK one that is)
 
1) has anyone encountered this issue and do I have any relevant argument against having to run 65 metres of stormwater instead of being able to tap into the front dwelling's stormwater?
Yes, I've encountered a very similar issue, and I don't know whether you've got an argument about this specific property, but sadly, it is true that the "first to develop" often does have to pay a whacking great cost to upgrade infrastructure, and yes, it's completely unfair, but it is legal and the status quo in many - possibly all - parts of Australia.
billli said:
2) If I do go ahead with this - am I entitled to any reimbursement in the future should any of my neighbours want to tap into this for future developments?
No, but if somebody else puts in a DA before yours has been approved, then they may have to split the cost with you.

I was lucky enough to have this situation work for me, as I was number 2 :eek:, but I still think it was outrageously unfair, and that local council should have to bring infrastructure to the boundary of all rateable properties. It's ridiculous that middle-aged wealthy occupiers of inner city properties got their infrastructure for free, and young couples trying to buy a lower value home on the fringe of the city have to pay $10s of K for theirs. Outrageous!
 
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