StopCPV

Yet again Moreland Council has provided a concession to the “developer”. A Section 173 allows the demolition of the site to be completed by December 31 according to Roger Collins - Director of City Development. His reply to my position is below:

Dear Peter,

DEMOLITION OF THE FORMER COBURG HIGH SCHOOL BUILDINGS           

Thankyou for your e-mail received on the 23 November 2007, which expressed concerns over the time taken to demolish the former Coburg High School buildings.   Please be assured that Council shares your concern with the progress of the demolition works and is keen to see the completion of these works as soon as is practically possible. 

In response to your e-mail I  would like to clarify that Council has not amended the planning permit to extend the time available to complete demolition works.   Rather Council considered whether it was appropriate in the circumstances to commence formal enforcement proceedings, given the reasons for delay provided by the land owner and the commitment to complete all demolition works by 28 November 2007.   Having considered the reasons for delays, Council wrote to the landowner to advise that Council did not intend to pursue any legal proceedings at that time and would review whether to commence any action against the land owners in the event that demolition works are not completed by 28 November 2007.  I understand that you also received e-mail from the Mayor Cr. Mark O’Brien which summarised the details of Council’s correspondence slightly differently. This appears to have given you  the mis-understanding that Council would commence formal proceedings should works not be completed by 28 November 2007.  I apologise for the misunderstanding that has been created.

Council has  recently  received further correspondence from the permit applicant providing an explanation for the further delays and committing to complete all demolition works by 31 December 2007.  This correspondence also advises that additional machinery will be arriving on site this week in order to speed up the demolition process.

Council has also sought advice from its own building practitioners in respect to the demolition works currently underway and the constraints upon the demolisher in terms of the completing demolition works in a safe, practical and efficient manner in compliance with all other legislative requirements.

In view of the progress of demolition works made to date and which is continuing on-site at the time of writing and the clear commitment to undertake the required demolition works by the 31 December 2007, Council officers have determined not to pursue enforcement proceedings at this time.  The land owners have been advised that Council will review whether to commence enforcement action in the event that demolition works cease, are not progressed  satisfactorily or are not completed by 31 December 2007.

Your e-mail  rightly points out  that individuals can seek an enforcement action through VCAT  to require matters to be done  to ensure compliance with a planning permit.  In this instance I presume that any order sought would seek the demolition of the school building as soon as possible.  You are entitled to make such an application, however it is Council’s  view that satisfactory efforts are currently being made by the land owners to complete demolition works in a timely manner and that in the current circumstances an application for an enforcement order, which would be highly unlikely to be heard or determined before the end of the year, would not be an appropriate use of Council resources.

In the event that you do make an application to VCAT, Council will be required to attend any hearing in its capacity as the responsible authority under the Planning & Environment Act, 1987 and will advise VCAT of its deliberations.

You should be aware that while VCAT rarely awards cost in reviewing planning permit decisions as it is generally accepted that each party pays their own costs, this is not the case in respect to enforcement matters and therefore it would not be unusual for costs applications to be made by the various parties, particularly in the even that VCAT is satisfied that all reasonable steps were taken to achieve compliance and determines not to grant the enforcement order in the circumstances.

I trust this answers your questions and ask that you contact Phillip Priest , Manager Urban Planning  on 9240 1149 should you have any further queries.

Regards,

Dear Mr Collins
 

Re: MPS2006/0289 – old Coburg High School demolition
 

On August 23 2007 demolition commenced on the old Coburg High School building in accordance with the above permit. The permit stipulated that demolition must be completed within 28 days of commencement.
 

The building was not demolished by September 19. I subsequently pursued a reason for this in a number of emails.
 

Mayor O’Brien in an email forwarded to me the email on October 23 below:
 

Peter, the owner advised council by letter that building B was found to contain asbestos and would need to be removed prior to re-commencement of demolition Council has advised owner he has until 28 November to complete demolition or legal action would proceed. Mark. 
 

I have not sighted the variation to the permit conditions referred to by the Mayor but accept the above as evidence that a concession to the owner by Council.
 

I note that identification of some limited asbestos containing material is in no way sufficient reason for the developer not to comply with the orginal permit condition as it is clearly something that should have been contemplated and planned for prior to the commencement of demolition. This is especially so given the time that the buildings have been untouched.
 

I respectfully request that Council take immediate action to enforce the permit conditions and, further the variations to the permit, referred to by Mayor O’Brien, communicated to the owner be made know to myself immediately.

I have received legal advice that although principal responsibility for enforcing planning permit conditions rests with the Council, if you fail to satisfactorily enforce the permit conditions by next Wednesday 28^th November, I have a right to pursue enforcement proceedings and pursue legal sanctions against the owner by applying to VCAT. 
If I am forced to commence such proceedings I reserve the right to produce the email from the Mayor to the Tribunal in support of an application for the Council to pay legal costs.
Yours sincerely
 
 

The wreckers are back baut tell me that they will not finish until at the earliest mid December. 2 weeks to go. Will question Mayor O’Brien in preperation for legal action.

Here is the text from Mayor O’Briens email sent 10 minutes ago:

Peter, the owner advised council by letter that building B was found to contain asbestos and would need to be removed prior to re-commencement of demolition Council has advised owner he has until 28 November to complete demolition or legal action would proceed. Mark. 

The owner of the site is George Tandos who owns a Real Estate buisness in Carlton, Real Diamond Real estate

Resent my questions ot the Mayor last week but still no response to the fundamental question regarding the execution and enforcement of the demolition permit.  Curious given the alacrity with which he responded to my previous questions.

Here is the latest attempt to find out what is happening??

Dear Mr O’Brien
 
In relation to the Planning Permit issued for the demolition of the heritage listed building, old Coburg High School site, Planning Permit MPS2006/0289 In the event that the demolition works approved under  commence, the Owners will also demolish all the former buildings on the land comprising the former Coburg High School within 28 days of the commencement of any demolition works.
 
Why has the owner of the property not yet commenced demolishing the newer three storey building? Is CPV in breach of the demolition permit MPS2006/0289? If yes what action will Council take to ensure resident ammenity? If no can you please explain the concessions granted to CPV so as to invalidate the permit and VCAT’s determination of March this year.

Many thanks

http://www.moreland.vic.gov.au/news/mr090307b.htm

According the above press release the buildings must be demolished by September 19, given the demolition began on August 20.

The destruction of the old Coburg High School is taking place. The first purpose built High School for working class kids in the north of Melbourne is sacrificed to the altar of profit.

Two big worker boxes have appeared on site. Is something happening?? does anyone know anything???