by Luisa  16/01/2014  351 Page Views
11 Comments  Discuss legal issues that are of a general nature
Hello,
I'll try and keep it brief.
Council built a bridge 1970s but failed to design it properly or maintain it.
Consequently creek above it filled in a metre and hence frequency and severity of flood (overtopping in heavy rain) has increased, causing property damage to neighbouring properties.
After several years getting nowhere with Council we have referred this to the Ombudsman; Ombudsman now says Council have no responsibility to maintain their infrastructure.
Too bad, so sad says the Ombudsman. And anyway the bridge was built more than 12 months ago and hence out of Ombudsman's timelime.
We pointed out the bridge was built to 1:30 years flood but is now 1:5 years due infilling upstream but still too bad, so sad.
This does not sound right to me. Surely Council has a duty not to worsen a flood hazard? We don't mind the natural frequency but making it worse through neglect is surely not legal.
Opinions?
Apologies if this is not the correct forum - at this stage I'm looking for general comments.
What sort of lawyer do we need to engage to right this if indeed righting it is possible?