COURT THWARTS ILLEGAL EARTHWORKS
Updated: Jun 18, 2021
A Toowoomba landowner has successfully obtained an injunction in the Supreme Court of Queensland to stop a developer carrying out unapproved and unlawful earthworks on an adjoining property which caused erosion on his land after Toowoomba Regional Council (TRC) failed to take action.
Creevey Russell Lawyers Principal Dan Creevey, who represented the landowner, said the Court granted the firm’s application for a mandatory injunction and ordered the developer to pay costs.
Mr Creevey said the developer had performed earthworks on its land that were in clear contravention of the approved development plans by the TRC.
“The earthworks resulted in the Respondent excavating along the common boundary of our client’s property creating a vertical, five-meter drop from our client’s land to theirs,” Mr Creevey said.
“The excavation undermined our client’s land by withdrawing lateral support to the land. The boundary fence between the two properties was left hanging mid-air and each time the property received rainfall our client’s land continued to erode.”
“After our client’s requests for enforcement of the development plans by TRC went unanswered, as a result of the lack of action taken by the TRC, our client had no choice but to take matters into his own hands.
“Our firm urgently prepared and filed an application seeking a mandatory injunction in the Supreme Court obliging the Respondent to perform earthworks to bring the site into compliance with the TRC development approval. We also sought for the Respondent to be restrained from performing further works that would disturb the support to our client’s land.”
Mr Creevey said Section 179 of the Property Law Act 1974 (Qld) imposes an obligation not to do anything on land which withdraws lateral support from any other land.
“The section imposes strict liability upon anyone who breaches the proscription stated in the section,” he said. “Our application was entirely successful, and the respondent was required to pay the costs of the applicant.”
Further inquiries: Dan Creevey (07) 4617 8777
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Creevey Russell Lawyers is a full service law firm which operates primarily from our Brisbane practice, with the capacity to provide superior legal services to western Queensland through our Toowoomba practice. Creevey Russell Lawyers deliver results to a variety of clients including developers, corporations, accountants, liquidators and private clientele.
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