February 9, 2013 at 9:34 am #257593
During the recent storms, stormwater ran off the road straight down my driveway causing a deep rut 70m long in my driveway. I have quotes of $2,000 – $3000 to repair the damage. I wrote to my local councillor who has requested an onsite inspection which will occur when she is available (week after next). Has anyone been through this process and what was the result? I am virtually land locked for most of the time as I am afraid to drive my Barina up the driveway. There is no doubt that the water came from the road and the rut starts at the road’s edge, I have taken photos of the debris on the road showing the course taken by the water. This is a section of the damage:
Sorry this is in the wrong section and I don’t know how to move it.February 9, 2013 at 12:14 pm #530930
this could be somewhat difficult dealing with council and getting them to even admit ownership. just around a few corners there’s these 2 properties we drive past, the owners ahve put in a culvert crossing like most of us ahve to do, council does not demostrate that it is their responsibility to prove road access from front boundry line.
now again and last february the same the 100mm rocks the council put in the gouge out between property owners pipe and bitumen has all scoured out and when it happens they can’t access their property with vehicles unless it is SUV.
Nyhow nearly 3 weeks later all the council has done is scrape the rocks off the bitumen at the bottom of teh hill where water races downhill.
yours i can’t see teh road side, but what if in the meantime you could create a diversion to take water down below where it enters your drive. we had suburban block with very similar condition old fashion box kerb and drive ove cut aways, because we had a double entry ours and next doors water would rush down gutter and across where we drove in under our house. we built up that part of the footpath and solved the problem.
no real fan of owning land on downhill side of roads, nearly everyone i see has issues.
anyhow hope you get a staisfactory fix.
lenFebruary 9, 2013 at 8:17 pm #530931
Tough one and I wouldn’t be using a public forum for legal advice. First point, wait for Council’s response and investigation, then seek legal advice or contact your Insurance company.
From what I understand is that everything inside your boundary is your responsibility other than what are deemed Council assets. If your stormwater pipe exits your property and is fouled by roots from a Council tree, that is also your responsibility because it’s your pipe.
There doesn’t appear to be any gutter up near the road so you should of had your own erosion control in, just in case. Notice how the water follows your wheel rut, you had created a low point for the water to flow in. A slight berm near the road edge on entry to your driveway would have been your insurance policy no matter what the Council did or how badly they graded the road wrong.
And now, this may sting a little, based on the information gained from the photo, how can you be afraid to drive a Barina up there? I drive a Barina and I can see 2 ways to get up there safely based on the wheel track size.February 9, 2013 at 8:50 pm #530932
I’m sure that your Barina can handle the trip.
So far as the quote is concerned, it’s over the top.
Have you spoken to your insurance company?
As to the Council ‘good luck’February 9, 2013 at 9:00 pm #530933
Not seeking legal advice at all, no way would i be looking for a lawyer over a $2000 – $3000 damage, particularly to take on a council. My query is what experiences have others had with councils in this sort of thing. As far as i was concerned i would like the Council to do something to see that water running off the road has somewhere else to go.
There is a storm water drain right in front of my place but it stops about 5 metres from my driveay. My quote to replace the driveway is $6,500 but i would not like to spend that money to have the new driveway washed away next storm.
There is more damage not shown in the picture which the Barina cannot get through.February 9, 2013 at 11:00 pm #530934
can you put your own pipe in to control teh water, as you say no good repairing driveway until water issue is dealt with. no legal advice, i would not support anyway chasing good money after bad by taking any gov’ level to court. me i would simply fix it and move on. like happened with us, the brissy council had no interest they view it as an inherited problem, a load of fill compacted and seeded did wonders.
these people around the corner they have issues, teh council repairs it teh rain washes it away, all bandaide stuff.
lenFebruary 10, 2013 at 9:12 am #530935
what do others who have similar issues do?
are you in semi-rural urban?
lenFebruary 10, 2013 at 9:05 pm #530936
Put a 10cm high, rounded berm at your property edge leading the water away from your wheel ruts into those grassed areas. Slightly off-contour. Like a speed bump. So the water can’t run in your wheel ruts. Repeat every 10m or so, to slow the water along your entire driveway length.
To get restitution from a council, it has to be a specific set of council assets damaging your assets.
Contact your Councillor, contact the Roads and Drains Dept, the squeakiest wheel gets the grease. Sure, it puts your rates up but that’s something you have to live with (as in, when everyone complains so much to get minor issues fixed, it costs Council’s unbelievable amounts).February 10, 2013 at 10:54 pm #530937
We’ve had this problem for the past several years when the council sealed the road here that is when our problems started they put in a table drain about 25 metres from our drive this works well when first put in but the road reserve is used by people on horses and motor bikes which ruin the table drain it then directs the dirt/silt to fill the gutter we have across the drive to divert the water from running down our drive…
council will not fix the problem so we call them regularly to do the table drain and if they take too long we just open the drain to let the water flow down the gutter at the roadside which is what it should do as it helps keep the pipe at our entry clear of silt.February 11, 2013 at 8:54 am #530938
Len I absolutely agree with you on the legal angle – that would turn an expensive fix into an incredibly expensive fix.
I would be knocked over with a feather if the Counsellor offered to do anything at all about the problem, but there are roadworks approved and budgeted for and if there is a chance of them doing something at that time (using the grader while it is in the ‘hood’) then I would be happy.
One of our neighbours said the water was diverted from the Council drains by a blocked drain up the hill. A grid has been put over a drain (by homeowner or Council I don’t know) this was blocked by debris and the water diverted onto the road – rather than straight down to the main waterway & running under the road.
There is a problem with drainage that Council is responsible for and I think I should have a right to have the problem investigated by them. That is all I have asked them to do and I will be polite in insisting for an answer. I have been here for over 12 years and have been through worse storms without an issue.
After the Councillor’s visit the whole driveway will be replaced, they will hill up the roadbase at the top of the drive and put a slight camber along it, but they have warned that there will be problems if the drive is to take racing water that should be in the main drains. Is that ‘hilling up’ what a berm is????
I am in a hinterland Len – so ‘ruralish’.
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