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Compulsury connection to the water system

Last Post 25/01/2019 1:47:28 PM by brendan.guiney@midcoastwater.com.au. 3 replies.
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Compulsury connection to the water system

23-01-2019 09:39 AM
 
Hilltops Council
by Hilltops Council
Joined 01-01-0001 12:00 AM
Posts 1
Good day all,Hilltops Council has received a Development Application for a second dwelling on an existing lot.The first dwelling has an off-system water supply and the applicant does not want connection for the second dwelling.Questions.Among the various Acts and regulations is there provision that the Owner may opt out of having a water connection for a dwelling? He currently pays unconnected water ratesIs the Council obligated to require the developed property to be connected to the water system?Cheers to allPhilip

Re: Compulsury connection to the water system

23-01-2019 12:00 PM
 
brendan.guiney@midcoastwater.com.au
by brendan.guiney@midcoastwater.com.au
Joined 26-04-2013 12:30 PM
Posts 15
Hi Philip.Council is within its rights to charge this owner for water rates and charges under Section 552 of the Local Government Act if the property is within 225 metres of a water main. The owner can't opt out of the charges, this would be the will of Council to resolve not to charge the owner. There is not really an 'opt out' clause, but Council is not obliged to force the Owner to connect either. You have options: 1) you can include connection to the water supply as a DA condition. This is a common requirement when someone is re-developing. 2) you could force connection to the water supply even if the DA didn't proceed by serving an Order to connect the existing dwelling to the town water supply under Section 124 of the Local Government Act, where the property is within 225 metres of a water main. 3) not proceed with either of the above, leave the property as is and allow both both dwellings to stay on rainwater tanks. Any of the above is entirely the will of Council. To be consistent Councils will often have a connections policy to guide decision making. Good luck! Brendan Guiney, MidCoast Council 02 6591 7503

Re: Compulsury connection to the water system

23-01-2019 06:10 PM
 
greg.mashiah@clarence.nsw.gov.au
by greg.mashiah@clarence.nsw.gov.au
Joined 24-04-2013 03:37 PM
Posts 13
Regarding point 2 and issuing an order under Section 124, suggest it is worthwhile reading the Land and Environment Court judgement in Stutchbury v Pittwater Council (https://www.caselaw.nsw.gov.au/decision/549f78453004262463a8c139)

Re: Compulsury connection to the water system

25-01-2019 01:47 PM
 
brendan.guiney@midcoastwater.com.au
by brendan.guiney@midcoastwater.com.au
Joined 26-04-2013 12:30 PM
Posts 15
That's a really good point Greg. Council needs to provide reasons why an order is being issued for it to be a valid order. Brendan
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