Magill resident Branko Soda loses fight against giant rainwater tank installed by neighbour
A Magill man who came home from a holiday to find a giant rainwater tank next to his house has lost his six-month battle to have it moved.
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Magill man Branko Soda is disappointed his local council has approved a giant rainwater tank installed by his neighbour while he was away on holiday.
Mr Soda has spent the past six months trying to have the 40,000 litre green plastic tank moved away from the verandah of his home on Magill Rd.
The 2.8m high tank was put 600mm from the boundary of Mr Soda’s property while he was at a ski field in Victoria last September.
His neighbour, Baden Greer, retrospectively sought planning approval from Campbelltown Council after Mr Soda complained it had blocked the view of his front yard.
His plight — first revealed by The Advertiser — attracted national media attention, prompting council planning officers to conduct several site visits.
Mr Greer was advised he had to lodge a planning application, which was approved by the council’s planning assessment panel at its meeting on Tuesday night.
Mr Soda, who attended the meeting with his lawyers, said he was hoping the council’s planning staff would recommend the tank be moved further away from his house.
He was supported by submissions from 11 people, including local MP Vincent Tarzia, who argued the rainwater tank could be seen from a nearby bus stop.
Several residents also supported Mr Soda, saying he should have been consulted about the rainwater tank.
“I am really disappointed and upset that it is going to stay where it is,” he said.
“The whole thing has really stressed me out.
“In the end it all came down to whether it was at least 600mm from our boundary, not how high it was or the glare that it keeps creating.”
However, in a glimmer of positive news, Mr Greer has privately told Mr Soda he will erect a 2.1m high fence and plant creepers in a bid to screen the tank.
“We have had a cordial discussion and I have asked him if he can at least move it a bit further away from my house,” he said.
“He said he is going to empty it and move it as much as he can.
“I also asked him to do something about the pump, which keeps coming on and off all night so I can’t sleep.
“He has said he will look into it and see what he can do.”
In their report, council planning staff said that while the tank had “impeded existing and attractive views”, it complied with planning regulations.
“As such it is considered that the location of the rain water tank in the rear yard of the subject land and setback 600mm from a rear boundary presents an orderly and appropriate location for such a structure, notwithstanding that the location does create a level of visual impact,” said their report.
In his submission, Mr Greer apologised for installing the tank “without prior council approval”.
“We now regret that we had no previous effective consultation with adjacent property owner, Mr Soda, or with the Campbelltown Council,” he said.
“We understand that this lack of clarification and proper procedure has caused angst and concern in the community on Magill Road.
“We understand and respect that this has been an emotionally confronting and challenging process for Mr Soda.”
Mr Soda said he was considering whether he should appeal to the Environment, Resources and Development Court.
Mr Greer declined to comment.