A LOCAL Liberal MP has gone into bat for a Coolbinia resident battling Stirling city council’s demands that he cough up $200,000 to buy a supposed laneway next to his property, or demolish eaves and a pool that were illegally built on it.
Council bureaucrats concede the Wiluna Street property’s pool and house eaves encroached on the laneway in the 1960s and 1990s, long before Ajdin Dzemailoski bought the house, but they’re still demanding he pay up.
Mt Lawley MP Michael Sutherland is calling on the council to apply common sense, not red tape.
“I visited Mr Dzemailoski’s home and my inspection only reinforced to me the injustice of the council seeking to correct this long-standing error through an impost on him for a problem that was not of his making,” he says.
“Aerial photographs going back to the late 1960s show the current house and pool locations have been the same for over 40 years.
“A fair and just resolution would be for the council to allow current and future owners of this property to continue the enjoyment of the council land that has been encroached on.”
Mr Dzemailoski recently divorced and is keen to make a fresh start after 15 years in the street, but says he’s unable to sell till the matter’s resolved. He says the council’s actions contributed to his recent heart attack. He hadn’t even known the laneway was there when he bought the place in 1999. “You can’t even see the laneway in my garden and it’s not ever been used by the public as far as I can tell,” he says.
“The council are issuing crazy demands, like the eaves encroach 270mm into the laneway and part of the swimming pool is blocking the path.
“The ironic thing is, the pool was built in 1968 and the plans were approved by the city.”
Stirling compliance manager Peter Morrison is sticking to his guns. “The city has requested the unauthorised encroachments be removed and this has not occurred and a notice was issued accordingly,” he says. “That notice has now expired and the city is considering what further action to take.
“It appears the house has been built by a former owner in the wrong location on the site, so too the pool which is authorised but was not built according to the plans submitted to council.”
by STEPHEN POLLOCK