The owners of an allegedly unauthorised structure at a district olive grove have launched court action against Goulburn Mulwaree Council.
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Late last year the council issued a demolition order against the large, ornate building which the owners described as an olive storage shed. Planners had alleged the structure was non-compliant and gave the owners an opportunity to lodge a development application.
Environment and planning director Scott Martin said when this was not forthcoming, a demolition order and $3000 penalty infringement notice were served.
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Councillors heard at their recent meeting that the owners have since launched a class one appeal in the NSW Land and Environment Court. The council will defend the matter, arguing it doesn't meet exempt development provisions or match the characterisation of an olive storage shed.
Mr Martin said his department is currently assessing a DA for the building.
"We are at an impasse waiting on additional information. We are trying to characterise what it actually is," he said.
But he said demolition was a "last resort" given the building's quality.
The matter is just one in a long list of developments the council is either investigating or claiming are unlawful. In October, councillors were told that penalty and infringement notices, stop-work, stop-use and demolition orders had been issued as part of a compliance crackdown.
They included a large shed housing people at Forest Siding Road, Middle Arm, 'unauthorised' granny flats, dwellings, land clearing, 'vehicle hoarding' and wastewater systems, among others.
That list of 25 has grown to 38 matters.
"Much of this can be attributed to a growing public awareness based on the amount of media coverage and a growing number of community members that are less tolerant of 'rule breakers' and queue jumpers,'" Mr Martin said.
"Overall this has necessitated a more 'hard line' approach towards compliance from the council."
But it is also coming at a cost. From October to January 21, three compliance matters had incurred $15,640 in legal costs.
Mr Martin expected the figure to increase with the class one appeal but said staff had minimised costs by preparing evidence and documentation.
"We are doing more of that but the catch-22 is...it takes away from our day to day work," he said.
"(But) I think the message is getting through to the community. We just need to keep chipping away at it."
The council has also issued $40,000 worth of penalty notices over the same period.
In response to a question from Cr Leah Ferrara, Mr Martin said not all of this had been collected and some could take several years to recover. It sometimes depended on a person's financial situation and other mechanisms, such as community work orders, to recoup the fines. A revenue collection service administers the process.
Legal action ahead
Meantime, the council is pressing ahead with Land and Environment Court action against the Forest Siding Road property owner for allegedly unauthorised native vegetation clearing, earthworks, a shed's construction and conversion of a garage to a dwelling.
Planners claimed the shed was housing 13 people. Demolition, stop-work, restore and stop-use orders were issued last year. Two clean-up directions were also sent out, with which the owner had partially complied, a report stated.
Elsewhere, a Cowper Street homeowner has challenged the council's disposal of vehicles it impounded in December, 2019. The vehicles were allegedly blocking a rear private laneway which gave access to nine other properties.
However neighbours remain concerned about cars in the front and back yards. Mr Martin said his department was investigating further action over the home's lack of downpipes and gutters, which had caused runoff to neighbouring properties, and the state of the structure.
The owner of an Avoca Street unit block of units has mounted Land and Environment Court action over the council's refusal of a DA. The latter claimed that under-floor car parking spaces had been illegally converted to habitable accommodation.
Meantime, draft stop-work and demolition orders have been issued to a Tiyces Lane, Boxers Creek property owner for the alleged illegal clearing of 35 hectares of natural bushland, a truck wrecking facility, polluted runoff and an 'unauthorised shed' with habitable rooms. The council also issued a $4000 penalty infringement notice in regard to the wrecking operation.
Other matters included a stop-work order on an unauthorised truck depot in Lockyer Street which had sparked neighbour complaints about noise. A DA has since been lodged but Mr Martin said the owner was seeking a 'more suitable' site.
Staff are also investigating complaints that a southern Auburn Street business is being used as a place of worship, and an 'unauthorised' bed and breakfast at Wollumbi Road, Marulan.
Mr Martin told the meeting the long list disappointed him but the approach was correct.
"It makes people aware they have to deal with the council when they work outside the guidelines," he said.
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