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Canada Bay council have determined that my footpath is not…

Customer Question
Dear Pearl, Canada Bay...

Dear Pearl, Canada Bay council have determined that my footpath is not satisfactory due to a piece of concrete being laid in 2 pieces as opposed to 1. It is not dangerous, and there are many examples of this happening around us. Ours is a brand new home, and has built to a very high standard. Council are holding back $588 dollars to repair a piece on concrete that does not need repair, and I am seeking your advice as to how to challenge this very bad decision.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

New South Wales, the address is*****concord NSW 2137

Lawyer's Assistant: Has anything been filed or reported?

The footpath has been inspected by a Julian Fernandez, Asset Inspector, Canada Bay - Ph: (02) 9911-6555

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have many photos of the footpaths around the area that are uneven and dangerous. I spoke with a Solicitor client of mine that is involved in Council Planning decisions, and he advised me to contact the Ombudsman as the footpath is not dangerous, and is in better condition that most around us. The issue I have is that they are charging me a very high fee to repair something that is not in need of repair.

Submitted: 8 months ago.Category: Australia Law
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Answered in 5 minutes by:
10/17/2017
Solicitor: Leon, Solicitor replied 8 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,595
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

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Solicitor: Leon, Solicitor replied 8 months ago

Good Morning

Did you have to put in the footpath and had council given you a requirement and plans that you had to follow?

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Customer reply replied 8 months ago
The footpath was required yes, and was laid by a licensed concreter. The day after the concrete was laid, Jemena then came and dug part of the concrete path up to connect the gas to the new home. When they dug it up, they only dug up a part of the concrete path, ie: 2/3rds of the new piece. As the hole in the footpath needed to be filled back in, I got the original concreter, at my expense, to come back and re-fill the hole to ensure no-one fell into it. Council is saying that the entire piece should have been dug up, but it was Jemena who dug up the new concrete and at no time did they indicate that there was an issue in just re-filling the new hole with more concrete.
Customer reply replied 8 months ago
I am sorry Leon but I thought I was talking to the Ombudsman, are you the ombudsman?
Solicitor: Leon, Solicitor replied 8 months ago

So it was Jemena that created the issue?

Had council come out and inspected before Jemena?

Why did you not request thart Jemena repair the footpath, it is a requirement.

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Solicitor: Leon, Solicitor replied 8 months ago

Good Afternoon

I am not the ombudsman.

Their website is as follows

https://www.ombo.nsw.gov.au/

You will need to lodge a formal complaint and wait for them to investigate.

They will not provide you with information online.

They will advise you to get legal advise if you call them.

Contact them and lodge a formal complaint and hopefully they will overrule council.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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