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  1. #1

    Default Retaining wall - mine backs to Council reserve - do Council have a build contractor?

    I have a property that backs onto a council reserve and the retaining wall needs to be removed and rebuilt. It is only 1m to 1.2M high. Firstly does anyone know the procedure to invoke council to pay their share ? Is their share 50% or a more moderate figure?
    Do council have their own contractors that will do the work at a more reasonable cost?
    I'm currently being privately quoted 17K for a 24M, 1- 1.2M high retaining wall with a picket fence to match on top. Ouch

  2. #2

    Default

    Way too high... I've just been quoted $200m2 for a 1.5m high wall in Wellington. Maybe the picket fence is the expensive part!

  3. #3

    Default

    They are quoting 125mm x 125mm retaining wall posts spaced 1.2M apart and dug to a depth of 1.2M.

    The original rotting ones are much bigger . I was thinking 125mm posts may be somewhat undersized.

  4. #4
    Join Date
    May 2004
    Location
    Christchurch
    Posts
    560

    Default

    Is it definitely a wall that each pays half? If it needs replacing I always thought it would depend on whose land is on the natural level?? ie if one property is built up above the natural level they pay or if the other has been cut out requiring retaining of the neighbour's land they pay? I would be interested to know the legal point of view.

    LAJ

  5. #5
    Join Date
    Dec 2011
    Posts
    795

    Default

    I have a retaining wall next to a WCC path.
    WCC are refusing to pay anything towards its repair. They maintain it belongs to my house.
    This is even though there are drains under the path and last year WCC changed their rules so that all drains outside house boundaries became their responsibility once more - any repairs could affect WCC drains.
    The question is, was the wall built to hold up my garden, or because the council excavated for the path?
    Difficult to establish, one sign would be which side the footing is on.
    I have original plans from archives but the retaining wall isn't on them.

  6. #6

    Default

    Quote Originally Posted by Eugene View Post
    I have a retaining wall next to a WCC path.
    WCC are refusing to pay anything towards its repair. They maintain it belongs to my house.
    This is even though there are drains under the path and last year WCC changed their rules so that all drains outside house boundaries became their responsibility once more - any repairs could affect WCC drains.
    The question is, was the wall built to hold up my garden, or because the council excavated for the path?
    Difficult to establish, one sign would be which side the footing is on.
    I have original plans from archives but the retaining wall isn't on them.
    In my case the retaining wall is holding up the garden of my property backing onto the reserve. But I remember picking up an Auckland City Council pamphlet a couple of years back that quoted the council would pay a fair share cost of 50% based on something around $130 per Metre. I agree they needn't pay half share for the picket fence on top although could this be statutory requirement to prevent someone falling even though its only 1M?
    Can anyone shed any further light on how to approach Council in regard to getting some contribution?

  7. #7

    Default

    Quote Originally Posted by Eugene View Post
    I have a retaining wall next to a WCC path.
    WCC are refusing to pay anything towards its repair. They maintain it belongs to my house.
    This is even though there are drains under the path and last year WCC changed their rules so that all drains outside house boundaries became their responsibility once more - any repairs could affect WCC drains.
    The question is, was the wall built to hold up my garden, or because the council excavated for the path?
    Difficult to establish, one sign would be which side the footing is on.
    I have original plans from archives but the retaining wall isn't on them.

    Footpaths and walkways are treated different from reserves apparently according to the council hotline I spoke with.

  8. #8
    Join Date
    Mar 2012
    Posts
    129

    Default

    Are you on the higher ground or the council? Often wondered who had to pay but like commented here it depends on the situation or which came first and then proving it.

  9. #9
    Join Date
    May 2004
    Posts
    2,774

    Default

    One thing to consider is to put in a request under the LGOIM Act, asking for Council policy on cost sharing to replace retaining walls and fences which border council land. Add in requests for specific information about your situation. Maybe along the lines of any documentation, including file notes, relating to the decision they made.

    Check out FYI.org.nz for helpful advice and a few thousand other requests and their responses.

    If asking for general policy and procedure info you could put your request through the FYI site. Not relating to a personal case though.

    As an aside, I check out requests to Wellington CC now and again. There is a recent request asking how many times Council has removed shoes from power lines and how much it cost. Hmmm.

    ETA Re HattrickNZ post- ask the council that exact question. They must know the answer.
    Last edited by artemis; 28-03-2017 at 04:52 PM.

  10. #10
    Join Date
    Jun 2004
    Posts
    10,364

    Default

    Responsibility all depends on who required the wall.
    I gather from your answer above that the wall is retaining your land but is the other side the natural level and your side built up or is yours the natural level and their side cut?

    If your side is built up then it is yours and your responsibility.
    If it is a bit of both then you both pay.


 

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