The validity of orders relating to the demolition of buildings on the former Bonlac milk factory site in Warragul came under scrutiny during an appeal hearing in the Supreme Court on Friday.
Justice Joanne Cameron has reserved judgment on the matter after hearing submissions from counsel for Baw Baw Shire and Warren and Diane Turner in Melbourne.
The appeals hearing related to an outstanding demolition order for buildings at 121 Queen St and a Building Appeals Board decision that instructed council to issue a new building order.
Mr and Mrs Turner presented a new report to the BAB in December last year, claiming “changed circumstances” in the condition of buildings on the site.
The BAB determined council’s original order on the property should be cancelled. The BAB required a new building order be issued that addressed a number of issues including asbestos and the safety of the boiler house and brick chimney.
Council appealed the BAB decision to the Supreme Court, claiming its decision was an abuse of power and had no authority over the matter.