Appeals board consider Bonlac site demolition
Final submissions relating to the demolition of buildings on the old Bonlac milk factory site in Warragul have to be presented to the Building Appeals Board by this afternoon.
Owners of the site, Warren and Diane Turner, have appealed building orders requiring buildings on the site at 121 Queen St to be demolished.
The emergency order, issued by Baw Baw Shire five years ago because the buildings were deemed unsafe, also has been supported by a Magistrates’ Court order.
But court proceedings pursuing the demolition order are on hold pending the outcome of the BAB appeal.
At a hearing on December 4, the BAB made three directions.
The Turners were required to make a submission by December 12 relating to council’s submissions on “abuse of process.”
Also by December 12, the shire was required to respond to an expert submission lodged on December 1 stating why demolition was not necessary; and, detail works needed to make the buildings safe if demolition did not proceed.
By 4pm today, both parties are required to submit their concluding submission to the appeal.
Baw Baw Shire’s planning and economic development director Matthew Cripps said council had responded to the December 12 directions.
He said the board requested the shire put forward “without prejudice” details of works required to make the site safe without demolition if this was considered a viable option by BAB.
Mr Cripps said council’s concluding submission being submitted today would reiterate council’s previous decision.
He said council’s position was unchanged and its preferred option was to continue with the demolition order.
Mr Cripps said the new expert evidence presented on December 1 was submitted by the Turners to support their claim of “changed circumstances” and why demolition of the buildings was no longer necessary.
The shire’s submission is “there has been no change in circumstances that warrants removal of the emergency order.”
When the BAB request was originally lodged, council argued the BAB had no jurisdiction to hear the matter.
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. If the BAB rules in favour of the Turners, the ruling would become part of their case when the matter resumes in March.
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 the current BAB appeal.
Court proceedings at Latrobe Valley Magistrates’ Court have been adjourned until March 5 next year.