Planning Scheme Provisions (3.9 MB) - Cairns Regional Council

- 125 -5.10 Stormwater DrainapeAdequate provision shall be made to drain every road and every allotment in a proposedsubdivision and such drainage shall be collected on site and carried in a manner which issatisfactory to the City Engineer and in accordance with an approved design to a point atwhich it may be lawfully discharged.A lawful point of discharge shall be the sea, a watercourse or any place within the Citydrainage system where, in the opinion of the City Engineer, stormwater may beaccommodated and disposed of without causing flooding or nuisance.Where drainage is to be carried through land not under the same ownership as the land thesubject of the proposed subdivision :-It shall be demonstrated to the satisfaction of Council that an easement in favourof Council may be obtained for drainage through that land to a place wheredrainage may be lawfully discharged into an approved drainage system and forsupport for any necessary drainage pipes in that land; or. in the event that difficulty is experienced by the subdivider in securing thenecessary drainage easements from the land owners concerned, Council may agreeto mediate between the parties so as to secure such an easement or easements; or. in the event that it is not possible to obtain an easement through that land, Councilmay at its discretion purchase or acquire land for the purpose of drainage inaccordance with the Act.All stormwater flowpaths which traverse land the subject of a proposed subdivision, shallbe improved at no cost to Council and to the requirements of the City Engineer asdetermined by calculations which shall be provided with the design and engineeringdrawings, provided that the Council may determine that a stormwater flowpath shall beretained in an unimproved state because of its natural characteristics or environmentalqualities.All pipelines and culverts discharging onto land the subject of a proposed subdivision shallbe extended across or through the land as required by the City Engineer and be continuedwithin easements created by the subdivider in accordance with Council's requirements.All existing enclosed stormwater systems that traverse land the subject of a proposedsubdivision shall be upgraded as required by the City Engineer.The Council may require the subdivider to carry out works to an existing drainage systembetween the land and the lawful point of discharge to ensure that stormwater from theproposed subdivision may be accommodated by the drainage system without causingflooding or nuisance. Alternatively, the Council may require a contribution towards thecost of constmcting improvements within an existing drainage system between the landand the lawful point of discharge.Where required by the Council, the subdivider shall :-. transfer free of cost to the Crown, with Council as Trustee, any land for drainagereserve for either underground or overland stormwater flow or for a retardation.basin area; andgrant free of cost to Council any drainage easement.Where the finished levels of a proposed allotment are such that stormwater from all or partof the allotment discharges towards the rear or side boundaries, an underground drainageline or a suitable surface drain shall be constructed to discharge the stormwater to thesatisfaction of the City Engineer.An easement shall be granted to Council at no cost to Council over the undergrounddrainage or surface drain.