The appellant appealed an Engineer's Report under the Drainage Act regarding the relocation of a drain onto their agricultural property to facilitate a neighbouring residential development.
The Tribunal upheld the proposed location and design of the drain, finding the benefits exceeded the costs.
However, the Tribunal found that the Engineer erred by not providing a Section 29 allowance for a 7.5 m working corridor adjacent to the drain, as the land use restrictions imposed a permanent impact.
The Tribunal ordered the Section 29 allowance increased by $22,500 to compensate for the working corridor.
