By Mikayla van Loon
Lilydale and District Historical Society president Sue Thompson raised a question around demolition by neglect at the most recent Yarra Ranges Council meeting on Tuesday 9 August.
Referencing the three buildings on the south side of Lilydale, located at 304 to 310 Main Street, Ms Thompson wished to hear the legal rights the council has to ensure building upkeep is maintained.
The buildings, which are situated next door to the Lilydale CFA brigade, were sold, according to Commercial Real Estate, in February this year as part of a 3860 square metre block, combining the site of the old fire station and the vacant block of land in between the two.
Corporate services director Andrew Hilson responded to the question, stating that the council is somewhat limited in what it can do in the management of private property.
“We understand the community’s concerns over the state of these buildings and the surrounding environment,” he said.
Mr Hilson said the council has four options in its power to encourage the maintenance of dilapidated buildings within the shire.
The first of those being the use of a building emergency order “when 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.”
Under this, the council has the ability to evict the occupants and instruct the owner to complete ‘make safe’ works.
“Building inspections of the White Dog Hotel 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 to 310 Main Street,” Mr Hilson said.
The second option would be to issue a ‘notice of comply’ under the Yarra Ranges Neighbourhood Amenity Local Law 2020, sections 12.6 unsightly land and 12.7 dilapidated buildings.
Mr Hilson said if owners do not comply with the notice given, financial penalties can apply.
Creation of a new local law targeting dilapidated buildings is the third option, something the council is considering when the opportunity arises in the Midway Local Law review in 2023.
This new law would need to apply to all commercial properties within the shire but does require further investigation.
The final option at the council’s disposal is an increased rate differential for derelict buildings in the Yarra Ranges but it has been determined by the council in recent years not to be the most effective way to gain the appropriate outcome.
