Appeals board calls for new factory site order

The Building Appeals Board last week handed down its decision on an appeal lodged by the property’s owners Warren and Diane Turner.

Current magistrate court orders require buildings on the site at 121 Queen St to be demolished.

Baw Baw Shire planning and economic development director Matthew Cripps said the BAB decision required a new building order to be issued for the site.

But, Mr Cripps said, the court order requiring demolition still applied.

An emergency order, issued by Baw Baw Shire five years ago because the buildings were deemed unsafe, was Magistrates’ Court order.

Despite the court proceedings, Mr and Mrs Turner took the matter to the BAB last year, with expert evidence that supported their claim that circumstances had changed and demolition of the buildings was no longer necessary.

The shire submitted to the BAB “there has been no change in circumstances that warrants removal of the emergency order.”

Mr Cripps said last week’s BAB decision sent the matter back to the municipal building surveyor for management, including enforcement.

He said while the decision cancelled the existing building order, it requires a new building order to be issued that includes reports and recommendations from structural engineers, fire engineers, the CFA and asbestos consultants.

The building order also must set out building work to be conducted on the site to make the buildings safe, including demolition work; a building permit to complete all the building work; and a time frame of 60 days to get the reports and 90 days to obtain a building permit and complete the building work.

The Magistrate Court proceedings were previously adjourned to March 5. supported a