Licence to occupy drainage reserve - Questions

[kyozaro]

Hi all

Just wondering if I can get some assistance on an issue.

We've recently purchased a property (knowing that it has a drainage reserve) and the land is apart of our property due to a "Licence to occupy drainage reserve" The land is paved with bricks, and there is one small BBQ area on it. (All from the previous owner) We know that we cannot build structures on this.

Council have just requested to inspect the drainage reserve and have come to say that the paved land and bricks are a "Structure" and that I will now have to find supporting documents to basically back it up that we can "build" our paved area.. or demoish and place grass.

Has anyone had any experience dealing with this kind of issue?

Any feedback would be highly appreciated!!

We have just moved in a few months ago and this is quite dissapointing.

Thanks in advance.

 

[jrc]

What's the issue? Do they say the bricks etc impede the drainage or are they saying that if they need to work on the reserve they might need to take up your bricks and pavers so you might as well take them up now? If the latter then maybe it might be enough to acknowledge that if council needs to work on the reserve you understand that the bricks and pavers might be removed and that you acknowledge council is not responsible for replacing them

 

[kyozaro]

Hey, thanks for the reply

The issue is that they are actually requesting that I provide enough evidence that I can have these "structures" ie, bricks, because it says no "structures" on the licence to occupy drainage reserve. They are giving me 14 days to research, and then a notice for demolition will be required.

I would be more than happy if ----

"might be enough to acknowledge that if council needs to work on the reserve you understand that the bricks and pavers might be removed and that you acknowledge council is not responsible for replacing them"

Just trying to gather some ideas on what to do. Thanks!

 

[Norwester]

Kyozaro,

Before you do anything else,

You need to get onto the council and chase a copy up their policy document on the occupying of drainage reserves....have a read and take it from there.


ciao

Nor

 

[knightm]

Kyozaro,

Before you do anything else,

You need to get onto the council and chase a copy up their policy document on the occupying of drainage reserves....have a read and take it from there.


ciao

Nor

and then you need to review the contract and title information to try and ascertain how long the existing "structure" has been there. If you can demonstrate that you purchased in good faith with existing structure and that it has been there for a long time with no major impact upon drainage they may allow it to remain. No guarantees of course, but worth trying.