27 February 2007 - Ordinary Meeting of Council (pdf. 14MB)

Ordinary Meeting of Council - 27 February 2007 9 / 3
Item 9
DA1523/03-2
19 February 2007
LD2678 and LD2778, the easements were created for the purpose of conveying and carrying off
surface and stormwater only from Ontario Avenue. The terms of easement do not allow for the
connection of stormwater by the applicant.
Proposal
The applicant proposes to connect to Council’s easement with an interlotment drain along the rear
boundary of No 2 Ontario as shown in Attachment B. An interlotment easement is proposed over
the pipeline along the rear boundary of No 2 Ontario Avenue.
Extinguishment and creation of new easement to drain water
The deferred commencement conditions required that the existing easements indicated by LD1588;
LD2678 and LD2778 be amended to grant legal benefit for the property to discharge stormwater
into the system. The applicant has submitted documentary evidence of owners consent to amend
the existing terms of drainage easement.
Of mutual benefit to Council and the applicant is a requirement to extinguish the existing easement
over 6, 8 and 10 Thomas Avenue and create a new easement 1.83m wide pursuant to Section 88B
of the Conveyancing Act 1919.
Assessment of proposed stormwater drainage
Based on the submitted plan and the hydraulic consultant’s report, the proposed alteration to the
existing stormwater system is considered satisfactory.
CONSULTATION
Council has consulted with the Solicitor Fox and Staniland acting on behalf of the applicant in
relation to the evidence and requirements to obtain the interlotment easement through No 2 Ontario
Avenue which permits the connection of runoff from the subject property to Council’s underground
pipe.
FINANCIAL CONSIDERATIONS
All cost associated with legal matters for the alteration of terms of drainage easement are to be
borne by the applicants, who benefit from this work.
CONSULTATION WITH OTHER COUNCIL DEPARTMENTS
Technical Services has consulted with the Engineering Assessment Unit in Development and
Regulatory in matters relating to the flood study and overland flows over the subject property.
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