Council launches Land and Environment Court action over Goulburn orphanage

At their most recent meeting, councillors decided to advise owner, John Ferrara, of the organisation's intention to launch a class 5 prosecution in the NSW Land and Environment Court for "failure to comply with a demolish works order."

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"The strong thoughts of all councillors is that the time is up and a (demolition) works order needs to be put in place in the interests of public safety and tidiness and so that, moving forward, the site can be used," he said.

"They were very vocal and very concerned that the order had not been complied with."

The matter was discussed in closed session on the basis of confidential legal information.

The council had given Mr Ferrara until December 31, 2022 to demolish the remains of the 1912 EC Manfred- designed Mundy Street building. This was contained in a works order issued earlier last year. The council has been threatening legal action for almost a year over compliance matters.

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But Mr Ferrara said COVID and construction delays had made it difficult to engage a demolition company. He also told The Post that although a licensed and accredited asbestos removalist was engaged in November, the contractor's schedule had held the work up. In January, he estimated the asbestos removal would take one month, clearing the way for demolition.

Now the council is demanding written confirmation of who he has been engaged to remove asbestos, copies of quotes, a timetable to complete all works and copies of any associated reports, including the preliminary assessment required as part of the demolition order.

This must be provided by Friday, March 10.

Cr Walker said even if the report deadline was met, the council would still proceed with the court action. But if the orphanage was demolished, then compliance would have been achieved.

However, environment and planning director Scott Martin told The Post that "all legal options remain open at this point."

"The preservation of public health and safety remains the council's first and foremost priority," he said.

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Mr Ferrara was not available for comment but previously said he was "doing everything he could" to comply with the works order. In January he said the structure would be bulldozed by March.

A small section on the Bourke Street frontage has been removed in recent weeks.

Mr Martin said this was undertaken under the supervision of a licenced hygienist and demolition contractor, and in consultation with council officers.

"The work was carried out on grounds of safety, and had been assessed as being clear of asbestos," he said.

"We don't believe that any large-scale asbestos removal has taken place as yet. Council officers understand that the necessary approvals required for asbestos removal are currently being sought from SafeWork."

A SafeWork NSW spokesperson said the authority received notification this month from a licensed removalist, "confirming the intent to remove bonded asbestos product from the site."

"To date no allegations of unsafe work practices have been reported," she said.

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SafeWork issued an improvement notice to Mr Ferrara in October, 2022, calling for site security measures. It came after three teenagers illegally entered the building. A girl fell from a height on October 6 and injured her back.

The spokesperson said the notice had been complied with and there were no further matters with SafeWork for the site.

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