Agenda item

In accordance with Chapter 3, Rules 57 and 59, of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

In accordance with Chapter 3, Rules 57 and 59, of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

QUESTIONS FROM THE PUBLIC

Sue Thompson, Resident of Kilsyth, asked:

What legal tools does council have to stop developers allowing demolition by neglect of properties they own and when have they been used? I refer to the already demolished former Lilydale Fire Station, the still standing Lilydale Hotel and now the row of shops at 304 Main Street currently occupied by squatters?

Council desperately needs to do something about the appalling state of the south side of Main Street west of Anderson Street.

Andrew Hilson, Director Corporate Services responded:

Thank you for your question, Ms Thompson.

We understand the community’s concerns over the state of these buildings and the surrounding environment. Council is somewhat limited in the options available to manage private property.  Depending on the situation, Council can consider the following actions:

1.      Use of a Building Emergency Order. This option is used where there are life, health, or safety issues such as structural concerns or where the building is being accessed or occupied by squatters or rough sleepers. Council has powers to evict occupants, and with the assistance of police, to ask the owner to organise make-safe works. Building inspections of the White Dog Hotel have found no evidence of any of the above issues in recent years. Council’s Building Department is currently investigating the building being occupied with squatters at 304-310 Main Street. In some cases, a Building Order for make-safe works may require a building to be demolished.

2.     Issue a Notice to Comply under the Yarra Ranges Neighbourhood Amenity Local Law 2020, Sections 12.6 Unsightly Land and 12.7 Dilapidated Buildings. These provisions can be applied in defined circumstances, and if the requirements of the Notice to Comply are not adhered to, owners may be subject to financial penalties.

3.     Creation of a new Local Law targeting dilapidated buildings, with more stringent criteria than the existing local law.  If a new local law policy was created, it would need to apply to all commercial properties across the municipality.  The creation of a new local law requires further investigation. The issue of dilapidated buildings will be investigated as part of the midway Local Law review to commence late 2023.

4.     Use of an increased rate differential for derelict buildings in Yarra Ranges. This has been considered in recent years by Council but determined not to be the most effective way to respond to individual sites of concern.  A differential rate would apply to all applicable properties in the municipality that satisfy a specified set of criteria in line with Ministerial Guidelines.  Such criteria, applied widely, would create other issues of inequity and challenge.  As stated earlier, this issue of derelict buildings will be considered further as part of the Local Law midway review in 2023. 

To assist the community in understanding more about these options, a fact sheet will be prepared and placed on the Yarra Ranges Council website.

SUBMISSIONS FROM THE PUBLIC

The Mayor advised that the general submission from Gruyere Fire Brigade listed on the agenda was withdrawn prior to the meeting and that the matter will be managed with due process.