Stormwater
Council is responsible for the care and maintenance of the local public stormwater drainage network.
Property owners are responsible for all drainage infrastructure related to the drainage of private property. This also includes sections of pipe in the road reserve that discharge stormwater to the kerb or pipe connections to a Council drain.
Stormwater Infrastructure Responsibility
Each property is allocated with a location to direct its stormwater drainage - typically this location will be to a Council underground drain or to the kerb and channel in the adjacent roadway. This discharge location is known as the Legal Point of Discharge (LPOD). All drainage issues beyond this point are the responsibility of Council.
All drainage infrastructure related to the drainage of private properties up to the Legal Point of Discharge is the responsibility of the property owner. This includes sections of pipe in the nature strip or road reserve that discharge stormwater to the kerb or pipe connections (tapping) to a Council drain.
The property owner is responsible for ensuring that stormwater pipes are connected to the Council nominated Legal Point of Discharge and that their stormwater run-off does not affect other property owners.
New Developments and Development Renovations
When undertaking development on private land, stormwater that is not adequately retained on site must be discharged to the Council stormwater system. If a legal point of discharge does not currently exist, one must be provided if all stormwater cannot be managed on site. In this case, you need to include the location of the proposed legal point of discharge as part of your application for development approval.
Any works needed to be undertaken in road reserve will also require an approval from Council under Section 221 of the Local Government Act 1999. This can be done concurrently with a development assessment process and in this event, the 221 permit will not attract an additional charge.
Blocked Stormwater Drainage Pipes on Private Property
All drainage infrastructure related to the drainage of private properties is the responsibility of the property owner, including any sections of pipe that discharge water to the kerb and channel, or pipe connections to a Council drain. For issues relating to private drainage it is recommended you contact a licensed plumber to investigate.
Stormwater Intrusion From a Neighbour’s Property
Problems with overland stormwater flows between neighbours are generally a civil matter to be resolved between the respective land owners. Respective land owners should discuss the situation to try and find a mutually agreeable solution.
Further information can be found on the Legal Services Commission of SA website
Council Drainage and Heavy Rainfalls
Council’s underground drainage system was designed based on industry best practice at the time of their installation. For much of the area this is identified as a 1 in 5-year storm frequency. As such, the underground drainage system should be able to contain up to 80 per cent of the rainfall events that occur during any year. However, during storm events that exceed this probability it is expected that the capacity of the Council stormwater drainage network will be exceeded and overland flows will result.
During extreme rainfall events, these overland flows may result in flooding of roads and properties. Properties in low lying areas and natural gullies are most at risk from overland flows. Property owners are encouraged to keep overland flow paths clear of objects that will obstruct the overland flow of water and increase the risk of inundation to habitable areas.
Whilst Council does not hold responsibility for excessive overland flows which occur during heavy rainfalls (as noted on the Legal Services Commission South Australia Website, “…legal liability does not attach where water flows naturally across a boundary (as a result of rain, floods, or the slope of the land)”), for any reported instances of property flooding Council will inspect and will endeavour to help in addressing the issue where a viable solution can be achieved.
If not already in place, it is recommended that the property owners consider installing their own flood mitigation measures (i.e. strip drains, grate drains, sumps, etc.) to help in managing any stormwater which may enter their property.
Council Stormwater Pit Blockage
Blocked stormwater drains can be reported to Council by visiting Action Burnside.