Demolition pursued with Supreme Court
Court orders relating to the demolition of buildings on the former Bonlac site in Warragul are again on hold, this time pending a request for the matter to be determined by the Supreme Court.
A hearing listed in Melbourne Magistrates’ Court last Tuesday was adjourned at the request of Baw Baw Shire who has confirmed it is taking the matter to the Supreme Court.
The matter, relating to outstanding demolition orders for buildings at 121 Queen St was adjourned by magistrate Fiona Hayes in Latrobe Valley Magistrates’ Court in March.
The property is owned by Warren and Diane Turner, who presented new evidence to the Buildings Appeal Board In December, claiming changed circumstances supported removal of the emergency building order on the site.
In March, Ms Hayes ordered the matter be adjourned so that council could consider its position after a BAB hearing determined council’s original order on the property should be cancelled.
The BAB decision required a new building order to be issued that will address a number of issues including asbestos and the safety of the boiler house and brick chimney.
Shire growth and development director Matthew Cripps said council believed the BAB had abused the appeal process and had no authority over the matter.
Mr Cripps said council also believed the BAB decision was “unlawful.”
As a result, Mr Cripps said council would be pursuing the matter further and requesting a Supreme Court determination on the matter.
“The most important issue for Baw Baw Shire is ensuring there is no detrimental impact on the health and safety of our community as a result of unsafe buildings located at 121 Queen Street, Warragul.
“Baw Baw Shire believes that the decision of the Building Appeals Board has not responded appropriately to the relevant legislation and there are faults in their decision which has required us to seek a review of the matter,” he said.
An emergency order, issued by Baw Baw Shire five years ago because the buildings were deemed unsafe, was supported by a Magistrates’ Court order in 2014.
Current magistrate court orders require buildings on the site at 121 Queen St to be demolished. After many delays and hearings, the demolition works were supposed to be completed by January 31, this year.
When the matter resumed at Latrobe Valley Magistrates’ Court in March, the barrister for Mr and Mrs Turner, David Pumpa, said it was unreasonable that a court order continued to stand given the original order has now been cancelled.
However, the shire’s barrister Sam Stafford requested the matter be adjourned so that council could consider its position in light of the BABs request for a new building order.
Mr Stafford argued at the time that the Magistrates’ Court still had jurisdiction of the matter given council had pursued the matter when Mr and Mrs Turner failed to comply with an order requiring buildings to be demolished.