Demolition order on factory site delayed

Court proceedings pursuing demolition of buildings on the former Bonlac milk factory site are again on hold.

Warren and Diane Turner were scheduled to appear at Latrobe Valley Magistrates’ Court on Wednesday but the matter was adjourned to March 5 next year.

It is five years since buildings on the site at 121 Queen St were deemed unsafe and an emergency building order was issued.

Three years ago, in September 2014, the court ordered Mr and Mrs Turner to demolish the buildings within 180 days.

The matter is still ongoing and unresolved.

The Turners’ attempts to reverse the magistrates’ court order have included an appeal to the County Court earlier this year that was dismissed, and now an appeal to the Building Appeals Board.

Baw Baw Shire’s planning and economic development director Matthew Cripps said last week’s court adjournment was by mutual consent until the BAB case was finalised.

Mr Cripps confirmed that Mr and Mrs Turner sought a review of the emergency building order on the basis of “changed circumstances.”

He said the BAB hearing began earlier this month and was scheduled to continue next week.

As a result, he said the magistrates’ court matter had been deferred until March.

Part of the Turners’ submission to the County Court was they had received expert advice the buildings no longer posed a risk.

This is now forming the basis of their application to the BAB that changed circumstances meant the demolition order was now irrelevant.

But Mr Cripps said the shire’s submission was “there has been no change in circumstances that warrants removal of the emergency order.”

Mr Cripps said when the BAB request was originally lodged, council argued the BAB had no jurisdiction to hear the matter.

He said the BAB ruled it could consider whether there had been a change of circumstances but it did not have jurisdiction to override a court order.

He said if the BAB ruled in favour of the Turners, the ruling would become part of their case when the matter resumes in March.

“We believe we have a strong case and we hope the Building Appeals Board will find in favour of us so we can pursue the matter of 2014,” he said.

In the Melbourne County Court in April, Judge Mullaly said the original building order served on the Turners in 2012 was because there was a considered “danger to life, safety or health to members of the community.”

He said the matter ended up in court because of their failure to comply with the building order.