Demolition delay

Court orders directing demolition of all buildings on Warragul’s former Bonlac milk factory site have been put on hold pending appeals lodged by the property owners.

The matter was back in court last week, this time at Melbourne’s County Court on Tuesday, for a directions hearing relating to four notices of appeal filed by property owners Warren and Diane Turner.

In October, magistrate Fiona Hayes gave the Turners until February 28 to complete stage one works of the demolition schedule and May 31 to complete stage two works.

But appeals lodged by the Turners have put those orders on hold. The matter will be now considered in the County Court on March 30.

Mr and Mrs Turner faced Latrobe Valley Magistrates’ Court in October after failing to meet the October 3 deadline to demolish and remove all buildings from the 121 Queen St site.

At the time, Ms Hayes agreed to extend the demolition period but she warned the Turners if they did not undertake the works she would consider imprisonment.

The Turners were represented last week by barrister David Pumpa, while Baw Baw Shire was represented by barrister Steve Russell.

Judge Mullaly agreed to listen to the cases of both parties on March 30. Judge Mullaly also instructed both parties to prepare brief chronologies of events which have to be tabled with the court by March 30.

The Turners also were instructed to prepare a brief outline explaining why the matter should be heard as a sentence appeal, given it is two years since the first court order; and why the County Court was the appropriate jurisdiction.

These documents must be lodged by March 14 and council will have until March 21 to provide a response.

Shire planning and economic development director Matthew Cripps said council was keen to “get the matters on the table and have it dealt with once and for all.”

Mr Cripps said he hoped the judge’s decision would lead to demolition of the buildings.

At the October hearing Ms Hayes warned the Turners not to return to the Magistrates’ Court in February and May and say they hadn’t had time to undertake the works. She said she would consider imprisonment.

“The community has a right to see this site progressed and nothing has happened,” the magistrate said.

The court first issued an order to demolish all buildings on the site in September 2014. The order required all buildings to be demolished within 180 days.

In February 2016, Ms Hayes allowed an extension to October 3 but that timeframe was not met.

The Turners have paid fines of more than $12,000 and ordered to pay more than $27,000 costs.