Get all your news in one place.
100’s of premium titles.
One app.
Start reading
Newcastle Herald
Newcastle Herald
National
Madeline Link

Owners on notice: burnt out eyesore faces demolition threat

The dilapidated house on Heaton Street at Awaba. Picture by Jonathan Carroll
The dilapidated house on Heaton Street at Awaba. Picture by Jonathan Carroll
The dilapidated house on Heaton Street at Awaba. Picture by Jonathan Carroll
The dilapidated house on Heaton Street at Awaba. Picture by Jonathan Carroll
The dilapidated house on Heaton Street at Awaba. Picture by Jonathan Carroll
The dilapidated house on Heaton Street at Awaba. Picture by Jonathan Carroll
The dilapidated house on Heaton Street at Awaba. Picture by Jonathan Carroll
The dilapidated house on Heaton Street at Awaba. Picture by Jonathan Carroll

A RAMSHACKLE house at Awaba has become such an eyesore that the local council plans to make an order for the owner to demolish it.

The biggest hurdle has been finding them.

According to records, the house at 11 Heaton Street belongs to the Orthodox Church in Australia Incorporated.

Lake Macquarie City Council (LMCC) has made multiple attempts to contact Newcastle Monastery of St Nicholas, a spokesman said, after a nearby resident complained about the "dangerous" and "dilapidated" condition of the home and the impact it has on the neighbourhood.

"Council received a single complaint originally from a resident in 2021," the spokesman said.

"A subsequent request by the same resident was made in 2022, and we received an MP request seeking updates for that resident earlier this year."

The council was first made aware of issues with the property in July, 2021 and said it had made repeated attempts to contact the owner without success.

Several letters have been sent back to the council as "return to sender", the spokesman said, forcing the council to contact NSW Fair Trading due to complex ownership issues with the property.

A search of the address the council has been contacting shows it is listed as student accommodation in Mayfield.

Significant time has passed since the fire that destroyed the house, the council spokesman said, and LMCC hopes it might have some success with its notice of intention to serve an order.

"If no response is received, we will progress with issuing an order and then will provide sufficient time for completion before other options can be considered and initiated," he said.

The proposed order would give the owner 28 days to demolish the burnt out buildings on the property and remove or dispose of all materials and debris in the same time frame.

Any materials containing absestos would need to be handled by an appropriately licensed contractor or tradesperson and removed within 28 days of the order.

If the order is given and the owner fails to comply, they face civil enforcement proceedings in the NSW Land and Environment Court and possible criminal proceedings.

The offence carries a maximum penalty of $5 million and a further daily penalty of $50,000 for a continuing offence for a corporation, or $1 million and a further daily penalty of $10,000 for an individual.

The council has inspected the property twice, once in March 2022 and again in May, this year.

It argues the integrity and stability of the building is, or is likely to become a danger to occupiers of the premises, neighbouring owners or properties and the public due to the potential for the building to collapse.

"Having regard to the extensive fire damage to the buildings on the premises, council considers they are so dilapidated as to be prejudicial to persons or property in the neighbourhood, and should be demolished," the notice reads.

The owner has the opportunity to make representations to the council's senior compliance officer about the proposed order if they don't agree with it or the terms.

They can appeal to the NSW Land and Environment Court against the order or a part of it within 28 days of it being handed out.

The council will then decide whether to give the order, make changes to it or make no order at all.

The notice is on display until August 27.

Sign up to read this article
Read news from 100’s of titles, curated specifically for you.
Already a member? Sign in here
Related Stories
Top stories on inkl right now
One subscription that gives you access to news from hundreds of sites
Already a member? Sign in here
Our Picks
Fourteen days free
Download the app
One app. One membership.
100+ trusted global sources.