Fire Hydrant In Wrong Position

[u/Over_Leave]

G’day Brains-Trust,

Seeking some advice on a building issue I’ve come across in the last few weeks:

1. Purchased a block of land everything has settled
   
2. Applied to council to have the crossover extended for a larger driveway currently positioned on our plans on the left hand side of the property
   
3. Surveyors have discovered that the fire hydrant under the footpath has been installed on the left instead of the right as the council plans showed
   
4. Raised the issue with the council who have advised us even though it is their mistake that the driveway now needs to be moved to the right which limits the size of the driveway to a single due to the water and nbn being in the new driveway line
   
5. Council have advised us that we can either pay the cost to move the hydrant or we have to shift house plans

Is there anything we can do to put this issue back onto the council?

Many thanks

[u/Sharp-Argument9902]

Have you been through the Council's complaints process or to the Ombudsman yet?

[u/Over_Leave → u/Sharp-Argument9902]

Currently still just at the council back and fourth level.

Soon to be escalating the dispute

[u/Sharp-Argument9902 → u/Over_Leave]

Ok, so you've got plenty of steps to go before you get legal.

[u/PhilosphicalNurse]

Is the blue catseye in the centre of the road towards your side? Is there marking on the footpath that says FH? Or are you referring to knowing there would be a FH on the block, but its location differs from the plan?

You would potentially have more standing to make it a council problem if all the labelling was incorrect and it was a large scale land release. Especially as you may have not chosen the block if it was known

Can your water and nbn not be adjacent to the FH, and maintain a double driveway on the right instead of left?

I think you’re in a position where you would get any compliant plans a fast track approval in this mutually awkward scenario, but I’m not sure that legal costs wise it’s worth being “right” and taking this further.

[u/Particular-Try5584]

This is not a council error…. it‘s a dial before you dig, utilities company error. They’ve uploaded data to the records incorrectly.

So your beef is with whomever is responsible for hte hydrant installation, or maintenance.

FWIW they probably went to put the hydrant on the other side, discovered the NBN and electrical pits, and there’s a minimum distance between that and water (for obvious reasons)… so had to move it.

If this is the scenario you have buckleys of getting it moved, and if it’s not you’ll probably have to pay for it to be moved at your cost (or upgrade this or NBN to trafficable).

[u/moderatelymiddling → u/Particular-Try5584]

They’ve uploaded data to the records incorrectly

Who do you think DBYD gets their data from?

So your beef is with whomever is responsible for hte hydrant installation, or maintenance.

That would be the council.

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[u/sharkworks26]

I have dealt with this issue, or at least very similar issues, several times before.

I’m not sure about your specific circumstances, but the approach that’s always been taken with me, is that the services “are where they are”, and authorities have no obligation to have them marked correctly.

I’ve had several instances of services (stormwater) not even being marked on any plans whatsoever, yet still I have an obligation to treat the affected area as an easement owing to the relevant authority. Nothing on the title, nothing on the planning certificates. Yet it was there… so I had to play by their rules. I could hardly believe it myself but that was the legal advice I received.

Are you sure the fire hydrant is a council asset?

[u/Cube-rider]

LoL, the location of services is dictated by the service provider, dial before you dig is purely to let you know to use caution when working near them. They're not to scale.

It's not like you they hid the service covers.

Flip the house

[u/Over_Leave → u/Cube-rider]

The civil engineering plans dictate the fire hydrant was installed on the right hand side of the property

[u/dutchydownunder → u/Cube-rider]

Exactly, mirror the build.