Turner win court battle

A Supreme Court judge has dismissed an appeal by Baw Baw Shire relating to an outstanding demolition order for the former milk factory site in Warragul.
Justice Joanne Cameron last week handed down a written decision in relation to the appeal heard in the Supreme Court in December last year.
Her finding dismissed council’s appeal, finding in favour of property owners Warren and Diane Turner who presented a case that “changed circumstances” meant a new building order should be issued for the site.
The validity of orders relating to demolition of buildings on the site came under scrutiny during the Supreme Court hearing, with council challenging the Building Appeals Tribunal’s jurisdiction to make an order on the matter.
Mr and Mrs Turner presented a new report to the BAB in December 2017, claiming “changed circumstances” in the condition of buildings on the site due to remedial works being undertaken on buildings.
The BAB determined council’s original 2012 order on the property should be cancelled and instructed the municipal building surveyor to issue a new building order.
The BAB decision stated the buildings could not be occupied and a report must be obtained addressing fire safety concerns.
With the appeal dismissed, the BAB order now stands.

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