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Bacykard Leveling and Garden bed over stomwater easement

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Dear Blacktown City Council,

I am a house owner of Elara Estate in Marsden Park. I have 1.5m easement at the back of my property with one storm water drainage pit. I am planning to do some landscaping work and would like to make the backyard levelled and do some fruit trees at the back fence.

Is there any restrictions in planting fruit trees and building garden beds over the easement? I want to create garden beds with masonry blocks. Currently there is a fall of less then 600mm towards the drainage pit which ideally I would like to level out.I am planning to box out the drain area with timber sleepers so that we can level the ground and still have access to the drain.

Please advise if there are any issues that I need to be aware off with respect to the council regulations and requirements.

Yours faithfully,

Blacktown Council, Blacktown City Council

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Milan Pajcin, Blacktown City Council

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Hi Jerin,


Thank you for your email.


Generally, the owner of the lot burdened by a drainage easement must not
carry out any development, alter ground levels or erect any structures
within the easement.


The exact terms are set out in the related 88B instrument for the property
burdened/benefitted by the easement which is attached to the title of your
property. For information on how to obtain this legal document, please
contact NSW Land Registry Services for more information.


It is likely, that based on the brief description provided, that the work
may not be permitted. However, in order to fully respond to your query we
would need the address of the property and the full extent of works


Kind regards,


[1]Blacktown City Council


Milan Pajcin

Trainee Development Engineer


02 5300 6000

PO Box 63 Blacktown NSW 2148



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