Hi there,
I am wondering if anybody there can give me some advice regarding an issue with Cairns Regional Council.

I purchased a land in this area in a location classified by the Council as Hillslopes.
It is a land that has what its call, a bench pad which is assigned to build. Being in a hill side and the majority of the lots have some form of retaining walls, before I purchase the land I purposely examine it during our monsoon season to make sure there was no problem of water drainage, did not have a retaining wall and that I did not have to deal with retaining wall.
My lot and next to my right, had driveways constructed by the Developer. The two driveways were at same ground level at a distance of approx. six metres with the boundary being right in the middle.

After I purchased my lot, a person bought the lot adjacent to mine, decided to build and demolished his existing driveway bulldozing it and pushing the soil up to the boundary line and into my property.

Consequently, the entire process of the neighbour's dwelling construction was supported by my driveway to gain access to his and utilising my bench pad to store building materials. It was not a concern to me other than writing to the builder to make sure the driveway was not damaged.
When the dwelling was finished, the neighbour constructed a new driveway at approx. two metres higher than the previous one, elevating the ground all the way not only to the boundary but well into my property to enable him to support his driveway.
I immediately reported to Council they informed me that his plan was approved, the Council does not make inspections and trust what the builder has presented to them is correct.
Here is the first trick by the owner/builder: the plan did not show a new driveway but the existing one.

The Council claims they did not know the elevation of the ground before construction began but I had my land surveyed and show them the plan, however it did not make any difference and more extraordinary excuses came up.

During the process of complaining to Council with many letters, I came across of Rules/Bylaws enacted by Council in which under "Building Planning & Infrastructure" - Cairns Plan - Overlay it reads: Acceptable Measures :"Excavation or filling must not occur within 2 metres on any site boundary".

Still, Council refused to do anything about it given different excuses. One of them: it has to be read in context with "Performance Criteria" versus "Acceptable Measures"

Performance Criteria: Excavation or filling must not have an adverse impact on the a) amenity or b) privacy of adjoining premises. It does affect my amenity and privacy.
Further more, the Council has instructed the neighbour to build a spoon drainage and retaining wall leaving me with a retaining wall at the boundary as part of the fence which is clear evidence that neighbour breached a rule/bylaw enacted by Council for the purpose of avoiding this type of conflict, spoiling the landscape and vandalising the environment.

Here is the issue with the Council, institutions in this country that have too much power and everybody is afraid to confront them. Here we have independent Councillors elected by the constituents in the belief they will be there to protect the very people that elect them but no one of them, including the Councillor of my division, will attempt to do anything for fears of reprisal that will affect their need when soliciting projects for their own divisions. In my particular case, everyone was indoctrinated by Building and Planning to advise it was a "Civil Matter" because of the landfill dumped in my property. They do not see it that I have been forced to have a Civil Matter because of their neglect of duties.

I realise my description of the issue has taken more than a few lines, however I do not have the ability to express my concerns in a shorter manner.

I am not sure if someone will be able to help me with my problem but I hope amongst the Seniors fraternity it may be a person that has same knowledge of how Council's operate.
Thank you for your attention.
Sincerely,
William