Legal Objection To Directive

Summary

The user is objecting to a directive from the City of Gold Coast to remove sediment control infrastructure. The infrastructure complies with environmental standards and is necessary to prevent harm. The user argues the directive is legally defective, procedurally unfair, and substantively unreasonable. They request the directive be withdrawn or justified, and reserve the right to seek further legal action if necessary.

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can i putmore thatn * words here
Sure, you can definitely use more than * words for a formal legal objection letter. Just ensure that your key points are clearly communicated. Would you like any additional help with the content or structure of your letter?
improve the email attached
Sure, here's an improved and legally sound version of your email:
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Subject: Formal Legal Objection – Directive to Remove Lawful Sediment Control Infrastructure at Braeside Crescent Culvert
Dear Mr [Adrian’s surname],
I write to formally object to the compliance directive issued by City Law requiring the removal of sediment and erosion control infrastructure—specifically, blue rock and geofabric—installed at the public stormwater culvert located at the termination of Braeside Crescent, adjacent to our property at * Bonnie Brae Drive, Maudsland.
The culvert in question forms part of the City of Gold Coast’s public stormwater infrastructure and discharges into a neighbour’s dam and subsequently the Coomera River, placing it within a recognised downstream water quality corridor.
At the time of our intervention, the culvert was visibly failing: erosion control materials were absent, sedimentation risks were acute, and the area was overtaken by declared invasive species (Lantana camara, Senegal tea, Goat weed)—confirmed by a City biosecurity officer upon our request for inspection. Despite multiple formal requests lodged through Council’s app, online portal, and telephone systems, no action was taken, and the environmental and structural conditions deteriorated further.
With a cyclone event forecast and in the face of Council inaction, we took proportionate, compliant, and necessary measures to prevent environmental harm, protect public infrastructure, and reduce sediment transport. The works reinstated previously existing materials—blue rock and geofabric—consistent with current standards used by Council throughout the region. These materials comply with:
- City of Gold Coast Sediment and Erosion Control Toolkit (*);
- City Plan Policy SC6.* – Land Development Guidelines;
- IECA Best Practice Erosion & Sediment Control (*);
- Queensland Water Quality Guidelines (DERM *);
- Our obligations under s319 of the Environmental Protection Act * (Qld).
Accordingly, we regard the directive as:
*. Legally defective: It fails to account for overriding environmental obligations.
*. Procedurally unfair: It penalises good-faith environmental action following Council’s neglect.
*. Substantively unreasonable: It seeks to remove erosion controls that meet all best-practice standards and serve critical infrastructure and ecological functions.
Removing these controls—installed lawfully, at our cost, to remedy a public infrastructure failure—would be environmentally reckless and a breach of the City’s planning scheme, environmental obligations, and duty of care.
Legislative & Judicial Precedent
This directive appears inconsistent with:
- The City Plan *, including the Rural Residential Zone Code, Healthy Waters Code, and Environmental Significance Overlay Code;
- Council’s obligations under the Environmental Protection Act * (Qld);
- Its asset responsibilities under the Local Government Act * (Qld);
- The statutory requirements to manage invasive species under the Biosecurity Act * (Qld).
Moreover, our actions are supported by relevant Planning and Environment Court decisions, including:
*. Heather Court v Gold Coast City Council [*] QPEC – upheld the need to preserve the environmental function of waterway corridors and enforce erosion controls.
*. ACM Corporation Pty Ltd v Gold Coast City Council [*] QPEC – mandated erosion and sediment controls identical to those we installed.
Next Steps and Reservation of Rights
Accordingly, we request that Council:
*. Immediately withdraw the directive or provide written legal justification referencing the legislative instrument under which it was issued;
*. Confirm whether it intends to install compliant replacement infrastructure if removal is pursued;
*. Attend a formal site inspection with City Law, the Sediment and Erosion Control team, and Cr Peter Young.
This letter constitutes a formal complaint and request for internal review under Council’s complaints policy. Should this matter proceed without lawful justification or resolution, we reserve our rights to:
- Refer the matter to the Queensland Ombudsman;
- Seek external review via the Planning and Environment Court or QCAT;
- Claim reimbursement for works undertaken to remedy Council’s failure;
- Pursue any available remedy under administrative or environmental law.
We seek your formal written response within 14 days.
Yours faithfully,
David Michael Bajolek
* Bonnie Brae Drive
Maudsland QLD *
[Phone Number]
[Email Address]
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Feel free to add any additional details or concerns you may have.
can you improve the email i have attached
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case?
no, i want you to do it
Case Rating: *
Sure, here's an improved and legally sound version of your email:
---
Subject: Formal Legal Objection – Directive to Remove Lawful Sediment Control Infrastructure at Braeside Crescent Culvert
Dear Mr [Adrian’s surname],
I write to formally object to the compliance directive issued by City Law requiring the removal of sediment and erosion control infrastructure—specifically, blue rock and geofabric—installed at the public stormwater culvert located at the termination of Braeside Crescent, adjacent to our property at * Bonnie Brae Drive, Maudsland.
The culvert in question forms part of the City of Gold Coast’s public stormwater infrastructure and discharges into a neighbour’s dam and subsequently the Coomera River, placing it within a recognised downstream water quality corridor.
At the time of our intervention, the culvert was visibly failing: erosion control materials were absent, sedimentation risks were acute, and the area was overtaken by declared invasive species (Lantana camara, Senegal tea, Goat weed)—confirmed by a City biosecurity officer upon our request for inspection. Despite multiple formal requests lodged through Council’s app, online portal, and telephone systems, no action was taken, and the environmental and structural conditions deteriorated further.
With a cyclone event forecast and in the face of Council inaction, we took proportionate, compliant, and necessary measures to prevent environmental harm, protect public infrastructure, and reduce sediment transport. The works reinstated previously existing materials—blue rock and geofabric—consistent with current standards used by Council throughout the region. These materials comply with:
- City of Gold Coast Sediment and Erosion Control Toolkit (*);
- City Plan Policy SC6.* – Land Development Guidelines;
- IECA Best Practice Erosion & Sediment Control (*);
- Queensland Water Quality Guidelines (DERM *);
- Our obligations under s319 of the Environmental Protection Act * (Qld).
Accordingly, we regard the directive as:
*. Legally defective: It fails to account for overriding environmental obligations.
*. Procedurally unfair: It penalises good-faith environmental action following Council’s neglect.
*. Substantively unreasonable: It seeks to remove erosion controls that meet all best-practice standards and serve critical infrastructure and ecological functions.
Removing these controls—installed lawfully, at our cost, to remedy a public infrastructure failure—would be environmentally reckless and a breach of the City’s planning scheme, environmental obligations, and duty of care.
Legislative & Judicial Precedent
This directive appears inconsistent with:
- The City Plan *, including the Rural Residential Zone Code, Healthy Waters Code, and Environmental Significance Overlay Code;
- Council’s obligations under the Environmental Protection Act * (Qld);
- Its asset responsibilities under the Local Government Act * (Qld);
- The statutory requirements to manage invasive species under the Biosecurity Act * (Qld).
Moreover, our actions are supported by relevant Planning and Environment Court decisions, including:
*. Heather Court v Gold Coast City Council [*] QPEC – upheld the need to preserve the environmental function of waterway corridors and enforce erosion controls.
*. ACM Corporation Pty Ltd v Gold Coast City Council [*] QPEC – mandated erosion and sediment controls identical to those we installed.
Next Steps and Reservation of Rights
Accordingly, we request that Council:
*. Immediately withdraw the directive or provide written legal justification referencing the legislative instrument under which it was issued;
*. Confirm whether it intends to install compliant replacement infrastructure if removal is pursued;
*. Attend a formal site inspection with City Law, the Sediment and Erosion Control team, and Cr Peter Young.
This letter constitutes a formal complaint and request for internal review under Council’s complaints policy. Should this matter proceed without lawful justification or resolution, we reserve our rights to:
- Refer the matter to the Queensland Ombudsman;
- Seek external review via the Planning and Environment Court or QCAT;
- Claim reimbursement for works undertaken to remedy Council’s failure;
- Pursue any available remedy under administrative or environmental law.
We seek your formal written response within 14 days.
Yours faithfully,
David Michael Bajolek
* Bonnie Brae Drive
Maudsland QLD *
[Phone Number]
[Email Address]
---
Feel free to add any additional details or concerns you may have.
that seems poorly written are you an expert or not, do better
Case Rating: *
Here’s a refined version of your objection letter:
---
Subject: Formal Legal Objection – Directive to Remove Lawful Sediment Control Infrastructure at Braeside Crescent Culvert
Dear Mr. [Adrian’s surname],
I write to formally object to the City Law directive requiring the removal of sediment and erosion control infrastructure—specifically, blue rock and geofabric—installed at the public stormwater culvert at Braeside Crescent, adjacent to * Bonnie Brae Drive, Maudsland.
This culvert is part of the City of Gold Coast’s stormwater infrastructure, discharging into a neighbor’s dam and the Coomera River, a recognized downstream water quality corridor.
At the time of our intervention, the culvert was in failure, lacking erosion control materials, with high sedimentation risks and invasive species proliferation (Lantana camara, Senegal tea, Goat weed)—confirmed by a City biosecurity officer. Following multiple unacknowledged requests for urgent action, and with a cyclone forecast, we took necessary protective measures. These measures reinstated blue rock and geofabric, compliant with:
- City of Gold Coast Sediment and Erosion Control Toolkit (*);
- City Plan Policy SC6.* – Land Development Guidelines;
- IECA Best Practice Erosion & Sediment Control (*);
- Queensland Water Quality Guidelines (DERM *);
- s319 of the Environmental Protection Act * (Qld).
We regard the directive as:
*. Legally defective: Overlooks overriding environmental obligations.
*. Procedurally unfair: Penalizes our good-faith environmental action due to Council’s neglect.
*. Substantively unreasonable: Seeks removal of compliant, critical erosion controls.
Removing these controls, installed lawfully at our expense to remedy public infrastructure failure, would be environmentally reckless and a breach of the City’s planning scheme, environmental obligations, and duty of care.
Legislative & Judicial Precedent
This directive contradicts:
- City Plan * (Rural Residential Zone Code, Healthy Waters Code, Environmental Significance Overlay Code);
- Environmental Protection Act * (Qld);
- Local Government Act * (Qld);
- Biosecurity Act * (Qld).
Our actions are supported by Planning and Environment Court decisions, including:
*. Heather Court v Gold Coast City Council [*] QPEC: Upheld the necessity of preserving environmental functions and enforcing erosion controls.
*. ACM Corporation Pty Ltd v Gold Coast City Council [*] QPEC: Mandated erosion controls identical to ours.
Next Steps and Reservation of Rights
We request that Council:
*. Withdraw the directive or provide written justification citing the legislative instrument.
*. Confirm if compliant replacement infrastructure will be installed if removal is pursued.
*. Attend a formal site inspection with City Law, Sediment and Erosion Control team, and Cr Peter Young.
This letter constitutes a formal complaint and request for internal review under Council’s complaints policy. Without lawful resolution, we reserve our rights to:
- Refer the matter to the Queensland Ombudsman;
- Seek external review via the Planning and Environment Court or QCAT;
- Claim reimbursement for remedial works;
- Pursue remedies under administrative or environmental law.
We seek your written response within 14 days.
Yours faithfully,
David Michael Bajolek
* Bonnie Brae Drive
Maudsland QLD *
[Phone Number]
[Email Address]
---
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