Councillors have rejected a bid by the owner of the former Saint John's orphanage to further extend the demolition date for the fire-damaged structure.
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John Ferrara pleaded for the extension at Tuesday night's council meeting, arguing he'd had difficulty securing a firm to bulldoze the 1912 Mundy Street building.
He told councillors that while three outlying structures had been knocked down under a council order, the old orphanage was "more complicated" due to asbestos presence.
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Mr Ferrara said he'd spoken to one company who couldn't start the work for another six months and he was trying to enlist another party.
"It's (also) a $1 million job and I don't have that sort of money. I'm plodding along doing a bit up there every day. I'm hoping the money will come in and I can get it done by the end of the year," he said.
But councillors argued Mr Ferrara had been given more than adequate time.
Cr Dan Strickland said there was widespread community concern.
"I'm concerned that timeframe gives a greater chance of someone getting killed up there," he said, referring to frequent break and enters.
Cr Steve Ruddell branded it an "eyesore" while Cr Andy Wood said investors had a responsibility to maintain the assets they bought.
"It's a danger to life and limb," he said.
"...It's high time we wound this up. I hate to use the phrase 'the dog ate my homework' but I think a lot of that is going on here..."
On planning advice, councillors have given Mr Ferrara 14 days to provide a written timeframe to demolish the main building "within the 2022 calendar year." If this is not forthcoming, a report, including historic timelines, will be presented to the council outlining its legal and compliance options.
However the council resolved legal action late last year if timelines weren't met.
Tuesday's decision came almost a year after the council's first demolition order issued on the grounds of public safety. The date has been extended twice - firstly to January 31 this year and then April 25, the latter in the interests of "procedural fairness."
The meeting also heard that the owner had not complied with a 90-day deadline imposed in an order last July to bulldoze the three outer buildings. These have since been demolished but environment and planning director Scott Martin said rubble clean-up remained outstanding.
Also last year, the council issued Mr Ferrara a $3000 penalty infringement notice for "non-compliance" with a public safety order, designed to secure fencing and loose iron.
When nothing had happened on the main building by April 25, council planners met with Mr Ferrara and his legal representatives on May 9 and demanded a written update on compliance with the demolition order by May 25.
The letter, received on May 30, stated that Mr Ferrara had difficulty securing a contractor to disconnect the gas supply from the orphanage. Additionally, he was "in the final stages" of enlisting a demolition contractor but this was subject to weather and site accessibility.
Mr Ferrara told Tuesday's meeting the gas was now disconnected, enabling work to begin.
He bought the property in 2000 and said he loved the building's history.
"But I had nothing but problems after a few years. I had a few failures but it didn't stop me from doing it up," he said.
Mr Ferrara said he'd spent thousands of dollars on heritage advice associated with a previous DA for residential development on the site but now he was being told to "forget about that and knock it down."
"I've done everything the council has asked and got over the emotion of knocking it down. I'm there every day and I will do (it)," he said.
However Mayor Peter Walker and Cr Bob Kirk argued that Mr Ferrara had ample time over the past year to disconnect gas and start the demolition.
Cr Kirk also rejected Mr Ferrara's claim that the council had stymied his development plans by requiring heritage studies and then ordering demolition. He said "five or six fires" at the site had ensured there was no building to protect and therefore the DA could not be enacted.
Mr Ferrara has flagged fresh plans for apartments on the site but Mr Martin said these were only at concept stage.
In addition, Cr Kirk maintained there was "little science" behind Mr Ferrara's claim of a $1m demolition cost.
Cr Walker said "lots of leniency" had been extended since the matter was given greater urgency 18 months ago.
"It is a safety issue and we need to trigger some way of ensuring he does these things," he said.
Mr Martin told The Post his report would include the option of council action in the NSW Land and Environment Court if the information was not forthcoming. The court could order demolition and for the council to recover the cost from the owner. However other options would also be explored.
He acknowledged the complexity of the task and the difficulty of securing contractors but said the council needed to see action.
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Louise Thrower
If you have a story to tell, drop me a line at louise.thrower@austcommunitymedia.com.au or call 0418 229 678.
If you have a story to tell, drop me a line at louise.thrower@austcommunitymedia.com.au or call 0418 229 678.
