displaced SW pipe outside the boundary

Hello strata mavens,

I’m locked in an argument with council regarding a displaced stormwater pipe that has now been broken. I first noticed it when I moved into our small Hillsdale (Bayside Council NSW) block 3 years ago and assumed the OC had informed council of the problem. The pipe has been pushed up between the front wall of our block (no displacement of wall) and the kerb (displacement of footpath causing trip hazard). It looks like someone, sometime, has replaced a small section of the clay pipe with PVC to realign it with the outlet hole in the kerb. I did have a discussion with the chair of our OC who said he had contacted council but had not heard back (turns out this may have only been a few months ago, not as early as I had been led to believe initially).

In May the NBN guys started working in our street. During this period the exposed clay pipe was cracked. I immediately sent photos of the damage to the council and was informed that the stormwater pipes, from the roof to the kerb, are the responsibility of the homeowner (ie OC) to maintain. I contended that the displacement was caused by a tree on the sidewalk (so council’s responsibility) and that if the pipe had been in its original position the damage would not have occurred.

Today (after 3 weeks of hassling and a letter to my local councillor) I received a letter from council stating that they will fix the footpath but not the pipe – they don’t accept that it is the tree that has caused the displacement and suggest it is vibration from “large vehicles” (we’re on a small street and the pipe runs parallel to the driveway). The council insist it’s up to us to “maintain” the pipe (I don’t disagree in principal and the pipe kept clear of blockages) but I contend that the slow growth of the large root that points towards the pipe (but angles down below it) has caused the displacement in the first place.

I have escalated this through my local councillor and requested three quotes for repair and a “theory of cause” from local contractors but would really value the opinion of the FC strata gurus as to where responsibility lies and how I might articulate this (I tried article 59A of the LGA… they’re arguing that because they didn’t install the pipe it’s not their problem). Dealing with council is extremely frustrating!!

many thanks!!