Elanora landslide: Townhouses continue to slope dangerously as council prepares for legal action
Balconies at a Gold Coast townhouse complex are sinking into the earth, and frightened nearby residents worry they’ll be waiting until “someone is injured or killed” before repairs are done.
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FOR five years Elanora residents have been living next to a ticking time bomb as an apartment block teeters on the verge of collapse.
Legal red tape has residents living next to the derelict Palm Beach Heights townhouse development at Nollamara Drive, which was severely damaged during a landslip in 2015, earing they’ll be waiting until “someone is injured or killed” before damages are repaired.
The council says it has been working to resolve the matter outside of court but has now confirmed those “unsuccessful” negotiations would soon be the subject of legal proceedings.
Palm Beach resident Cassy Turner said the situation has worsened after recent rain.
The already vulnerable Palm Beach Heights building had sustained “clear structural damage,” she said, with the townhouse balconies beginning to collapse.
“Enough is enough, this needs to be fixed,” Ms Turner said.
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“This has been four plus years of taxpayers money spent on the use of daily tanker trucks to remove local sewerage from the area.
“Now moving into March, the recent significant rain event has to no surprise resulted in further damage.”
She said council authorities were fobbing off concerns saying it was a “legal matter” with the developer.
“It does make you wonder how much more property damage or injury or death is needed before some action is taken,” she said.
A spokesperson for Gold Coast City Council confirmed rectification works would have to be dealt with in court.
“The City has attempted to resolve the dispute as to who is responsible for rectification without the need for legal proceedings,” the spokesperson said.
“Unfortunately, those negotiations have been unsuccessful. As such the costs associated with rectification will shortly be the subject of legal proceedings.”
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A resident of KP McGrath Drive directly behind the townhouses, Anna Wilson said water rushes through her yard and floods her house during rain events due to the damaged sewage system from the landslip.
“We are extremely frustrated with the situation and every time we try to get some information we get told “it’s a legal matter”, she said.
“I think it’s about time someone puts their hand up and acknowledge they stuffed up and get it fixed but we all know that will never happen.
“We can probably have this same conversation in five years time.
Mrs Wilson and her husband Peter have lived at the property for 13 years and want repairs made now.
“Our back fence has buckled from water flowing through it, our garden shed has been flooded and we’ve had to replace most things in it,” said Mr Wilson.
“Water has come back up through our drains flooding our floors which then needed replacing.
“We are concerned for further landslips. By the slope on the roof of the townhouses it looks like it is getting worse with each heavy or substantial rainfall we get.
“We have heard kids playing in the fenced off areas and if the land slips further and the building collapses someone could be seriously injured.
“The council need to step in and have the problems fixed now for everyone’s safety and peace of mind.
“Once the legal proceedings are over the party at fault can then reimburse the council for out of pocket expenses.”
According to the council, works to improve sewerage services in the area are underway and due to be finished next month.
“Despite sustaining damage to the network as a result of the landslip, the City has continued to maintain sewerage services to our customers,” the council spokesperson said.
“This has required temporary arrangements and the use of tankers on a regular basis.
“Work however is currently underway to construct additional infrastructure to improve services in the area and remove the use of tankers. This is anticipated to be completed in April this year.”
The Gold Coast City Council, Queensland’s Building and Construction Commission, Housing Minister Mick de Brenni and Queensland’s Board of Professional Engineers have been investigating since March 2017.
In a letter to residents, the council said “the City has been consistently working towards finding a solution for what is a very complex matter”.
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“The City has attempted to resolve the dispute as to who is responsible for the rectification without the need for legal proceedings, unfortunately, those negotiations have been unsuccessful,” the letter said.
“As such the costs associated with rectification will shortly be the subject of legal proceedings, which will enable rectification costs to be paid by those parties responsible for the damage and for works to be undertaken.”
The letter stated repairs were “further complicated” because of the unstable land.
“This will continue to prevent the City from undertaking any substantial maintenance until the failed retaining walls can be reinstated to allow safe access to the site for rectification works. “In addition, rectification of the park cannot be undertaken without works being done to private property.
“If work is undertaken to the park then further slips are likely to occur.
“The city has scheduled interim maintenance to remove the vegetation build up of the slope area and surrounding areas.
“Following the damage to our sewer and stormwater infrastructure, the City is also working towards delivery a pump station outside the damaged park area.”