Appeals against drainage works culvert replacement and cost assessment dismissed; engineer's report upheld.
Several ratepayers appealed the proposed Bradley Drainage Works Lot 246 Lane Culvert Replacement under sections 48 and 54 of the Drainage Act.
The appellants argued that the existing culvert should be repaired rather than replaced, or alternatively, that a new lane should be constructed to avoid the need for a crossing.
The Tribunal accepted the engineering evidence that the existing culvert was structurally deficient and could not be repaired to an acceptable standard.
The Tribunal also found that constructing a new lane would be more expensive and might not meet Ministry of Transportation requirements.
The Tribunal upheld the engineer's assessment methodology, which divided the cost 50% as benefit to the adjacent owner and 50% as outlet to the upstream watershed.
The appeals were dismissed.
Bradley Drainage Works Lot 246 Lane Culvert Replacement (Re), 1998 ONAFRAAT 40
