Court order stands
The owners of a run-down, former milk factory site in Warragul have been granted yet another extension of time to demolish buildings on the Queen St site.
After failing in their bid for a County Court appeal last month, Warren and Diane Turner returned to Latrobe Valley Magistrates’ Court last Tuesday.
Magistrate Fiona Hayes denied their attempt to adjourn proceedings and put in place a new demolition schedule, giving them until November 8 to have stage one works completed.
All buildings on the site are expected to be demolished by January 31, 2018, which will be three years later than the original court order.
The Turners also were ordered to pay shire legal costs of $7590.
But the Turners’ barrister David Pumpa indicated his clients also had appealed to the Building Appeals Board.
Mr Pumpa said the Turners were seeking to have the building order cancelled so that buildings could remain on the site.
He told the court further works had been undertaken on the site and an engineer’s report had addressed items line by line in the original order.”
However, Ms Hayes said she would not stay proceedings any longer, saying the Warragul community and the shire were “very concerned about this site.”
Ms Hayes said it was clear the shire wanted to keep the matter moving forward because of community safety and people accessing the property.
“The staged process has been before the court for some time and there has been very little movement from them (the Turners).
“That is a concern to the shire and ratepayers of that community.
“This matter should continue and I am not prepared to stay the proceedings,” she said.
Mr Pumpa said the building order related to the safety of the buildings. “If there are other reasons why people want these buildings gone then that doesn’t get dealt with by the municipal building surveyor.”
He said the municipal building surveyor had not responded to the request to cancel the original building order so the Turners had appealed to the BAB.
Mr Pumpa said the Turners’ appeal to the BAB was not an “attack” on Ms Hayes’ order in September 2014.
“This is not an attack on your order. There are changed circumstances and the matter should be dealt with by the Building Appeals Board before it comes back to the court,” he said.
Mr Pumpa said the engineer’s report indicated demolition was no longer required.
“There is no provision the building order is finalised once a court makes an order,” he said.
In October last year, Ms Hayes gave the Turners until February 28 this year to complete stage one works of the demolition schedule and May 31 to complete stage two weeks.
She warned the Turners if they did not undertake the works she would consider imprisonment.
Representing Baw Baw Shire, barrister Sam Stafford said the shire was seeking a timetable of works that reflected the delays caused by the County Court hearings but in accordance with Ms Hayes’ intentions last October.
Mr Stafford said the Turners’ appeal to the BAB was irrelevant to the magistrates’ court.
Mr Stafford said the works allegedly undertaken by Mr Turner to make the buildings safe were “completely inadequate” according to the shire.
He said the shire still believed the buildings were unsafe, with two emergency orders being issued in March last year because of loose sheets of iron that caused the adjoining hotel car park to close.
“This court has determined the order’s validity and determined to enforce it since 2014.
“We believe the appeal (to the BAB) is incompetent because it fails to acknowledge any change in circumstances.
“Your honour has determined that the building order was properly served, was valid and heard evidence for the need for these buildings to be demolished.
“The Turners are now belatedly trying to run a contested hearing. These matters should have been put to your honour before your honour ruled on it in September 2014,” he said.
Mr Stafford said allowing the November 8 timetable for stage one works would allow time for the BAB appeal to be heard.
Mr Stafford said in an affidavit presented to the County Court, Mr Turner sated “we’ve always wished to have and agreed to demolition of the buildings provided we could suitably develop the property at the same time.”