Driveway may lead to class action against council

By Sarah Schwager
A PEARCEDALE family is taking on the City of Casey over what they say is the council’s refusal to maintain local roads.
Sharon and Simon Berry are looking at starting a class action suit against the council after 18 months of unsuccessful lobbying to have the section of road that leads to their property maintained.
They say it is the council’s responsibility to upgrade East Road, which lies on council-owned land, while the council says the section leading to the Berrys’ house is a driveway therefore it is the Berrys’ responsibility to maintain the road.
The couple is asking for all people in Casey in similar situations to join them in a class action to change the Road Management Act 2004 to force councils to maintain road infrastructure on their land.
If the case did go to court it would be a landmark case as the Act has not been tested before.
Mrs Berry said they were prepared to take it all the way to the higher courts and hoped others would join them in their plight.
“We pay our rates, but when we go to council they are not there to help,” she said.
“They are entrenched in their position. Nothing but a big sledgehammer is going to change that.”
In an email to Mrs Berry, Casey CEO Mike Tyler wrote that she and her husband were responsible for the maintenance of the driveway from the corner of Sheckleton Street and East Road to their property.
“The City of Casey will not maintain your driveway,” it read.
“The land your driveway is on, however, still remains under the control of the City of Casey.
“The City of Casey’s position is consistent with the City of Casey’s Road Register and the City of Casey’s Road Management Plan.
“This position is reinforced by the council’s adopted resolution on driveways on the 2 May 2006.
“Council’s position is also consistent with legislative requirements.”
City of Casey manager engineering and environmental services David Richardson said the section of East Road under question was not included on the public road register.
“It is the property owner’s responsibility to maintain their driveway in a safe condition,” Mr Richardson said.
He said the City of Casey was complying with its responsibility under the Road Management Act.
Mr Richardson said the council did not encourage people to take legal action, but would defend its actions if the case went to court.
Mrs Berry said while a suit against the council would be expensive, there could be the opportunity for some pro-bono work.
She said she and her husband were prepared to fight because they were sick of the council telling them to go away because it was not their problem.
“At the beginning we tried to be fair and reasonable,” she said. “But these are the basics you are supposed to get when you pay your rates.”
Anyone wanting to join the class action can email the Casey Residents Group at caseyresidents@yahoo.com.au or write to Simon Berry, PO Box 1397, Pearcedale, 3912.