Redwood homeowner takes Toowoomba Regional Council to Brisbane District Court over stormwater drainage issue

The Toowoomba Regional Council has been taken to court over a stormwater issue that a homeowner says has caused erosion on their property.

Toowoomba City Hall.

A homeowner has taken the Toowoomba Regional Council to court for action and compensation for damage to her property which she says was caused by stormwater coming from a drainpipe.

Kerry Lyn Bourne, who has lived at her home on East Street in Redwood overlooking the Toowoomba escarpment since 2001, filed a claim against the council in the Brisbane District Court last month, requesting an injunction.

In the statement of claim, which was submitted to the court by Mrs Bourne’s law firm McCullough Robertson Lawyers, the issue relates to stormwater flowing through an easement from a drainpipe built nearly 60 years ago that sends water “in an uncontrolled manner” across her property.

“In or around 1964, the defendant caused a drainpipe to be installed underground on the easement on the affected property to allow for the passage of stormwater from East Street downstream,” the claim said.

“In or after 2011, the defendant caused drainage works to be performed at or near East Street, Redwood.

“As a result, a greater volume of storm water is collected by, traverses and discharges from, the drainpipe than would occur had the additional works not been performed.”

Mrs Bourne’s claim argued the council had breached its “easement obligations” and exacerbated erosion of her property.

She has requested the court acknowledge the breach, and that the council correct the issue and compensate her for existing damage done as well as “loss of use of land”.

“The defendant failed to design, construct, maintain and operate the storm water infrastructure in a manner to minimise or eliminate the uncontrolled discharge of storm water to the affected property,” the claim said.

“The defendant has failed and is continuing to fail to take any reasonable steps to divert or reduce or contain the uncontrolled flow of storm water from the drainpipe to the affected property.

“By reason of the defendant’s breach of the easement obligations, the plaintiff has suffered loss and damage, which the defendant is obliged to make good under the terms of the easement.”

The council has not responded in court.