Hi
I'm seeking information from anybody who has taken council to court.
Costs?
Outcomes?
What is the likelihood of winning against council?
Time consuming?My case: We are trying to subdivide land that is 6,200 square metres into two even lots. The original blocks will be split in half straight down the middle. The land can be subdivided but my issue is the fee that council wants to charge me. Council wants to charge $18,500 for infrastructure charges and another $25,000 "donation." I am not debating the $18,500 fee but I want them to abolish the $25,000 fee. If we paid the extra $25K fee the subdivision would cost us around $10K out of our own pockets. (no profit) Isn't council trying to stop urban sprawl and trying to create higher density living? Who will subdivide land if there is no profit in it?
The land estate that we are in dosn't have curb and gutter, the town planning act states that if we subdivide we need to put in curb and gutter. When we originally looked into subdividing we got a price for curb and gutter and it was $4-$5K so we accepted that we may have to do this although it would cause our neighbours grief as water would end up pooling in their property. If we put in curb and gutter we would be the ONLY ones in the whole estate that has it and it wouldn't be connected up to any storm water drainage. It would only cause water drainage problems. When we put in the application it was supposed to take 2-6 weeks, that was 7 months ago! Council came back and said that it would cost $52K to put in curb and gutter because to put in the curb and gutter they need to widen the road (only in front of our property) and put in pipe work, etc. So council decided to charge us an extra $25K fee because we wouldn't be putting in curb and gutter but council wants to be able to spend that $25K WHEREVER they please. (not in our estate) I would understand the $25K fee if council was going to put in curb and gutter in the whole estate in the future but they aren't. As far as we can see it's just a revenue making excercie for council. We have built our house on one side of the land and now we have a house close to our neighbours and vacant land on the other side. It was supposed to be a very simple subdivision. We have been communicating regularly with two town planners at council and they also think that it is ridiculous but their boss is not willing to put his name on it to allow it to pass without curb and gutter. Our surveyor also thinks that it is unfair due to the size of the development.
Should I pursue this further or just move on?
Appreciate any advice or information regarding taking council to court and the outcome.
bfree2live
It is not unusual for council to require contributions for specific improvements (provided that all future developments or subdivisions will be hit with the same charges, if not will yours be refunded?). Council may not be putting in the K&G now but when several blocks along the street have been subdivided. I have seen plenty of sites where the contributions have been additional road lanes, traffic lights, median strips, roundabouts etc.
There probably is a S94 scheme/plan which sets out the required contributions for subdivision, how much they need to collect, when the work is to be done etc, if this is not specifically shown on their contribution plan get the council to explain why they are trying to get this out of you and how would you know if this work will ever be undertaken.
If the site is so marginal, why would you consider subdivision?
Hi Scott No Mates
Thanks for your reply. As you said – If all future developments are hit with the same charges. Ours is the first of it's kind in the area and council is trying to set a precedent with us. The land is in Regional QLD on an acreage estate, not many other block can subdivide due to the location of their houses. (most of the houses were built before the council rezoned or other owner's just aren't aware or have no intention of subdividing)
Why are we subdividing if it's so marginal? Council has put up it's infrastructure charges since I developed 3 years ago. We were expecting to pay around $7,000 for Council infrastructure charges but instead we are paying $18,500 plus another $25,000. So the council fees are eating into our profit margin.
Council Town Planners are telling their boss to abolish the $25K fee but he won't do it because he is afraid of losing his job if he does. (quoted from Town Planner)
Have you ever taken Council to court?
I also wanted to add – When we originally looked in to subdividing our land we were told by council and our surveyor that Kurb and Channel might be required. We received a quote FROM COUNCIL to do this and it was between $4 – $5K. When we put in the DA COUNCIL ENGINEERS came back to Council Boss X and said that in this particular case kurb and channel wouldn't work. Council Boss X went back to council engineer and said, well how can we make it work? Council engineers came back with widening road, pipe work, etc – total bill $52K. Council had a meeting about our subdivision and nobody in council management was prepared to put their name on it to authorise it. Council Boss X tried to be backed up by council Town Planner A. Council Town Planner A disagreed and said to abolish the $25K fee. Council Boss X then went to council Town Planner B who also disagreed and said to abolish the $25K fee. Council town planners and council engineers have both said that kurb and channel won't work but Council Boss X won't sign off on it because it will set a precedent for all other future subdivisions of this kind. Council has no intention of ever putting in kurb and channel in our estate, it would cost them millions of dollars and the likelihood of other owner's subdividing is close to nil.
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