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@The Hood
Holy moly. I think you need an environmental consultant to sort this one out. They should be able to find a quick solution for you.
If the riparian zone is that big the creek must be fairly large?
Yep any soil brought in would need to be local unpolluted, and a bush regen team could do stabilisation works (geomatting, terracing, gabion baskets, planting native tubestock, fairly cheaply).
Hi, I’m a bit rusty on this, but water courses do come under environmental and planning legislation and I’m surprised your common property extends that far. Depending on the category of the water course (dependent on it’s size) there is usually a riparian protection zone, with width corresponding to category and size of the water course. And on council LEPs these are usually zoned environmental protection with restrictions on what can be done within the env protection zone. (Incidentally, early in the history of NSW governor King forbade clearing of riparian vegetation because ensuing damage and consequences of removing creek bank vegetation were already evident). I’d look on council LEP and check what it is mapped as, and what is allowed within that zone. Likely, it will need creek bank restoration works. If it’s just a drain, it shouldn’t be too involved, but if it’s an actual creek it might be part of an environmental corridor or a threatened ecological community (very likely in Fairfield) – even very degraded creeks fall under endangered community “Riverflat Forest” which could require native soils, native plants, geo matting, coir logs etc. You may need to hire a bush regeneration company to fix it for you. They are usually fairly cheap. If your building is less than 30 years old, conservation of this area was probably part of the original development consent and may be in the original plans.
If it’s the case I just read through, where the applicant has brought more than 70 cases in ten years against the owners corporation, I can see why the court dismissed it!
As others have advised, I’d definitely let this go.
Still very interesting and informative to read through cases and see which ones are dismissed versus which ones are successful, and why. It’s quite clear. Very helpful.
Hi Tones, I was thinking more about this.
Other people here can/ have answered your original question better than I can.
As far as council goes, if it’s just the mown strip at front between building and road, and you’re just wanting to plant flowers/ annuals/ smaller herbaceous plants without larger root systems and don’t pose any kind of hazard, Council are unlikely to bother much about it?
Yes, issues could be access to sewer, water and electrical, nbn etc underneath, power lines overhead, or affecting traffic visibility. Also removing any existing trees could be problematic (most councils have tree protection orders).
You can probably check councils land mapping on their website? Zoning and other layers. And talk to someone in the environment unit. Say you want to make a bird/ bee friendly garden , improve visual amenity, streetscape, inctease green space, contribute to cooling the urban environment – that sort of thing will tick boxes 🙂
Also with council on side you might get some funding, free mulch or plants from Council.
Hi, I work in a parks and gardens unit of a council. I’d definitely speak to the department of your council who manage the nature strip, and get permission before spending money or putting in your garden. It is public land and public assets, that belongs to the general public, not private property, and it will have a specified land use on your LEP and a specific allocated maintenance regime. It could turn into an ongoing saga. Council could remove your garden.
Some councils have programs for people to claim and beautify road verges or strip out front or may be friendly to it if it’s compatible with the intended land use or one of their policies or programs, such as increasing trees, or sustainable living >>> definitely explore these approaches.
As an example, an area I maintain is a patch of a critically endangered ecosystem located in the middle of a unit block. It was an offset as part of development conditions (ie units were only allowed to be built on the condition that that part remained as bushland conservation). A resident has complained about this “nature strip”. If someone was to put a garden in there they would be harming a federally listed critically endangered ecological community. It is a criminal offence and big fines and gaol terms can apply. So absolutely, check, talk to and get permission, make sure what you want to do is compatible with the allocated land use. Council also have obligations to maintain safety of the spaces they manage. So check, and make sure anything you do, you have council on side first.
Ah. I wasn’t sure what was meant by defect work. If the work itself was being paid for by insurance then alternative accommodation during works might have been possible.
It sounds terrible, especially with no notice.
I wonder what owners corporation responsibility is when they are part of lot property? We have lovely old style iron balustrades which are lot property and probably not safe, but can be made safe (I have netting on mine to keep my cats safe and keep out pigeons, and a drunk person would also bounce off and not go over the edge). You could add glass panels which would look better. An OC could still promote and encourage making railings safe.
Maybe check your strata insurance documents too, to see what’s covered under oc insurance, you could possibly claim the cost that way too
Hi Waylor, I’m still learning all this myself, but that sounds like major works that would require a special resolution >75% vote (based on lot entitlement) for the motion at a general meeting with owners. Are there any reports/ photos/ details of exactly what the problem is and what has caused it? Roof would be common property. Depending on the cause and what has actually occurred it might be claimable under insurance? If the roof slab is leaking it could be a leaking roof membrane which is common property and Owner’s Corporation responsibility to fix as part of maintenance. Roof tiling would be the same, unless damage occurred from a storm which might be claimable under insurance? Also you might be able to ask for more than 2 quotes? It might need urgently fixing though? I’d ask my strata manager for more information and time to digest it before the meeting. Also do the works constitute maintenance , eg. Repairing or replacing a membrane or repairing or replacing tiles with same tiles, or an improvement/ enhancement such as a fancy new roof? Both require a special resolution but the former is obligatory (duty to maintain common property) and may cost less.
Hopefully someone else on here can advise, as I’m not 100% certain.