Magill resident Branko Soda upset with huge rainwater tank put next to his house by neighbour
UPDATED: A Magill man upset with a huge rainwater tank installed next to his house by a neighbour has a glimmer of hope. The local council is assessing a planning application which shows the tank may be non-compliant.
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Magill resident Branko Soda, upset that a neighbour installed a huge rainwater tank so close to his house, has been offered a glimmer of hope from his local council.
Mr Soda, 56, returned from an interstate holiday in September to find the 50,000 litre plastic tank had been installed beside his front veranda.
“My neighbour told me he was thinking about putting in a rainwater tank because he had got a big water bill,” Mr Soda said.
“Nowhere in my wildest dreams did I think it would be that big.
“I thought it would be about half or a third of the size it is. It is massive.”
READ THE COUNCIL’S FULL STATEMENT BELOW
Mr Soda said he had sought advice from Campbelltown Council about the tank but had initially been told it was legal because it was on his neighbour’s land.
The council has since told Mr Soda they are assessing the development. See the council’s statement below.
“I can’t believe it,” he said.
“It is blocking the view from my veranda which was my favourite spot to sit and have a coffee.
“If it was set back more on my neighbour’s land it wouldn’t be a problem but it’s within 200mm of my boundary.”
Mr Soda said the rainwater tank had been causing him anxiety since it was installed.
“I have been unable to sleep because the pump is constantly coming on throughout the night,” he said.
“I have been to see my doctor who says it causing me anxiety and stress.”
Mr Soda said he attended a recent Campbelltown Council meeting, where he spoke to councillors and staff about the tank.
“They were sympathetic but they basically told me there was nothing that could be done because it was on my neighbour’s land,” he said.
“What I can’t understand is how something that big can be put right next to my house.”
Mr Soda said the situation was similar to a recent issue reported by The Advertiser involving a large shed built at Vale Park without public notification.
“This has really knocked me for a six,” he said.
“I have lived here since 1989 but now I am even thinking about pulling up stumps.
“I am getting a property valuation done to see what impact it has had.”
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Mr Soda said he was considering starting a petition calling for the rainwater tank to be moved.
He also was weighing up whether to complain to the State Ombudsman or take legal action.
Attempts to contact his neighbour were unsuccessful.
WHAT CAMPBELLTOWN COUNCIL HAD TO SAY
A rainwater tank was installed at [the Magill address] at some point this year. It was recently brought to the attention of council staff.
Staff attended the site to determine whether it required approval pursuant to the Development Plan and initially determined that it would require building rules consent because it was clearly over 10 sqm in base floor area.
The property owner lodged an application with the specifications of the tank and at that point it was determined that the base floor area of the watertank is 15.2 sqm and a maximum height of 4m.
The maximum base floor area that a watertank may have before it requires a planning consent as well as a building rules consent is 15 sqm and the maximum height is 4m so the watertank exceeds those measurements by 0.2 of a square metre.
To that end the applicant has been advised that the structure will also require a planning assessment. So the application is currently being assessed and no decision has been made.
The Development Act provides very little guidance to the appropriate placement of a water tank other than requiring that it not be located forward of the street alignment of the dwelling on the land, that is to say it should not be closer to the street boundary (in this case [street name]) than the house.
Effectively the watertank has been placed adjacent to the rear boundary of the property but because the neighbouring property faces towards [street name] the tank is adjacent to the front veranda of the dwelling on that property
The watertank has been nominated as 600mm from the common boundary of the two properties which complies with National Construction Code requirements.