5.0   Protection of Public Stormwater Systems

5.3    Building Over Public Stormwater Drains

1. No building shall be built over a public stormwater drain; and
2. No building shall be built closer than the greater of:
   1. 1.5 metres from the centerline of any public stormwater drain; or
   2. The total of the depth below ground of the centerline of the public drain, plus the diameter of the drain, plus 0.2 metres measured from the centre of that drain.
3. Subject to approval, a building developer shall meet the cost of diverting the public stormwater drain (including any manholes) in accordance with Council standards and satisfy the requirements imposed by Council under Section 451 (a) of the Local Government Act 1974.
4. Where (a), (b) or (c) above are found to be impracticable and the building cannot be sited elsewhere on the property or modified to conform to the above conditions, and it is essential for the proposed building to be built of that part of the property, approval may be granted subject to the building developer:
   1. Providing engineering plans for the protection of the public stormwater drain from a Chartered Professional Engineer for consideration, condition and approval by an Authorised Officer; and,
   2. Protecting the public stormwater drain and trench from any loading as per the approved design; and,
   3. Providing physical access to the public stormwater drain for maintenance and replacement without structural effect on the building; and,
   4. Registering an Encumbrance on the property title for the public stormwater drain for the purpose of maintenance and access; and,
   5. Indemnifying Council for any loss, damage or other liabilities as a result of a building being built over the public stormwater drain; and,
   6. All works are undertaken to approved Council standards.

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