For those catching up, this is the second instalment of our case study of Scheme X.

For Part 1 – click here.

So presented with the two options:

1. Either rip out and replace all of the current storm water infrastructure (which was functioning); or
2. Go back to the Planning and Environment Court and seek an ruling that the original development approval plans could be amended to match what had actually been installed on site.

The Committee elected to go with option 2 given the storm water was already functioning and performing its role quite well. The engineering report noted the original developer had connected to a storm water facility which was downstream from the complex when it was being buit – but did not exist at the time the development approval was handed down. The fact that there had been no dodgy dealings gave the Committee comfort about proceeding to have essentially the paperwork fixed with Council.

The Committee’s decision to look at Option 2 for the owners brought about a set of different concerns for the owners – being money and time related.

Firstly, the body corporate needed to get the Council off its back and demonstrate it was working towards getting the issue resolved.

One Committee instructions, we started by writing to the Council to advise the steps taken by the Committee to get in front of the problem. We tabled reports confirming the storm water infrastructure was operating as intended, no leaks, no run off and no complaints from neighbours.  Council were persuaded and gave the body corporate ad very generous six month period in which to get the matter resolved.

Next, we gathered a brief together and sought referral to a Planning and Environment firm with experience dealing with these types of issues. After speaking to other practitioners, checking their website for articles relevant to the body corporate’s case, we sought a fee estimate of their costs to assist in lodging an application at the Planning and Environment Court.

Predictably, the cost to have an application lodged was quite high, it was however, much lower than the cost of ripping out perfectly good infrastructure and replacing it with other infrastructure in order to make it match Council plans and terms.

We sought the Committee’s directions to call an EGM to have owners vote on accepting the fee estimate submitted, and to vote on filing the application in the Planning and Environment Court (because that’s a restricted issue for the Committee). Owners were also asked to agree to a special levy to cover the additional costs of filing the Application.

Ultimately the necessary motions were resolved by the owners and after finalizing the meeting minutes, we provided official instructions from Scheme X to the lawyers to make a start.

Check back for our next instalment!