Agreement reached on building
A legal agreement has been prepared between Baw Baw Shire Council and a Drouin property owner that is designed to protect the health and safety of building occupants and the general public.
A report recently presented to council, suggested council enter into a section 163 agreement with the owner of a building at 115 Princes Way, Drouin.
Officers said the building was a two storey shop that is part of a complex of four shops, extending to Hamp Lane at the rear.
“There has been illegal building works conducted on the building. The matter has been substantially resolved except for an issue with fire protection of a window opening in the rear external wall of the shop.
A report to council said the owner, Margaret Jenkins, obtained a dispensation from the Building Appeals Board.
“The determination essentially allows the owner to retain the existing window subject to a condition that the window be brought into compliance with the current building regulations should any development occur within three metres of the window opening.
The BAB decision required the owner and council to enter into a legal agreement. The owner has reimbursed council $1500 for legal costs.
Cr Keith Cook said this matter arose because of concerns about unapproved works conducted on the building.
He said the matter had been resolved and the window could be retained subject to conditions.
“This will enable the agreement to be formalised,” he said.
Cr Darren Wallace said it was a simple procedural matter.
“This has been before the Building Approvals Board and the determination required the owner to enter into a section 163 agreement with council,” he said.
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