• Berwick Gazette
• Pakenham Gazette

By Tania Martin

17th June 2009 02:00:35 AM

Naomi Manson, pictured with her daughter Grace, is calling on the Cardinia Shire to fix her broken driveway. 31932

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Naomi Manson said she was sick and tired of the council’s refusal to take responsibility.

She has been calling for action since September last year.

But the Cardinia Shire is denying it is responsible.

Mrs Manson now fears for the health of her four-year-old daughter, Grace.

Grace has Down syndrome and a heart condition that could need treatment at any time.

Mrs Manson said the broken cross-over had made her driveway inaccessible to emergency services.

In December, she called for an ambulance for her mother and the paramedics were unable to park in the driveway.

“They were concerned they wouldn’t be able to get out,” she said.

“I don’t want that to happen if Grace needs help.”

Mrs Manson claims in September last year a council worker operating a digger damaged the drain pipes under her driveway cross-over.

She said the damage was done when the worker was cleaning out the drains.

Mrs Manson said she had to wait three months before receiving a reply following her damage report.

She again made a complaint to the council in December but received no reply.

In January Mrs Manson received a letter calling for proof that it was the council’s responsibility.

She received another letter last month (21 May) informing her that under section 107 of the Road Management Act, road authorities did not have any statutory duty to maintain, inspect or repair the roadside.

Mrs Manson was told unless she was able to produce a film of the incident, she would not be able to prove it was the council’s fault.

She is at a loss to understand why the council is denying culpability.

“They did the damage and are not going to pay to fix it,” she said

“We pay our rates and what do we get in return for that?” A Cardinia Shire spokeswoman said the council had been in regular contact with Mrs Manson regarding the issue.

She said officers had responded to Mrs Manson’s inquiry and advised her that no council works in the area had caused the damage she reported.

“Council has also advised her that under the Road Management Act residents are responsible for the maintenance of the driveway cross-over to their property,” the spokeswoman said

The spokeswoman said a delay in response did occur while council investigated and gained this legal advice.

“We have advised Mrs Manson we are happy to investigate further if she does have proof the damage occurred due to council’s activities, as many other service providers carry out works on roadsides,” she said.

“Council needs proof that the damage is related directly to its operations.”

Mrs Manson has now written to the Ombudsman hoping to get some action.

“It’s just not right,” she said.

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