Marion Council offers olive branch after outcry over Seaview Downs cubby ultimatum

Marion Council has revealed what it would take to strike a deal over a young girl’s cubby house, after two complaints sparked official demands to tear it down.

A Seaview Downs man in a standoff with Marion Council over a frontyard treehouse could strike a deal to keep the structure, the mayor says.

The council came under fire this week after The Advertiser reported Joe Statton had been ordered to tear down the cubby he was building for his stepdaughter Zenayah because it did not meet planning requirements.

But Marion Mayor Kris Hanna said the council would work with Mr Statton to resolve the matter.

“The preferable course of action is that he talks to staff sincerely … it’s not like the council is going to go around with a chainsaw tomorrow,” Mr Hanna said.

“If there’s a reasonable plan, then that’s the sort of thing that would be entertained by council.

“At this point it can all be resolved very quickly and happily … as long as there’s a sincere and reasonable plan on the builder’s part to rectify the problem.”

Marion Mayor Kris Hanna.

Delilah, 11, and Zenayah, 13, in the controversial treehouse. Picture: Matt Loxton

According to the council, cubbyhouses comply with building regulations if they measure 5 sqm or less. Zenayah’s treehouse measures 6.25 sqm.

The treehouse had come under scrutiny because of two anonymous complaints over its “prominence in the streetscape”, according to the council.

Mr Statton was given 28 days, which is up on Thursday, by the council to remove the treehouse or face “enforcement action” which could include a fine of up to $20,000.

In a statement provided to The Advertiser on Wednesday, Marion’s acting general manager of city development Tony Lines also said Mr Statton would be able to “alter” the treehouse so it “meets state planning regulations” or submit a development application.

“Councils have a responsibility to investigate complaints made by the community about allegations of nonconforming development and they are responsible for initiating enforcement action in accordance with relevant legislation,” Mr Lines said.

Mr Statton said he was prepared to modify the cubby so it complied with the rules.

“I’m happy to modify it if we can keep it ... if that’s what we need to do,” he said.

Despite his optimism, Mr Statton said he was still unsure if he would be issued with a $500 fine threatened in a letter sent on March 9 after not pulling the treehouse down.

Mr Statton and wife Tanya said they would still like the council’s definition of a cubby house as they believe the structure is a clearly a treehouse, despite being advised it could be classified as a deck.

Joe Statton outside his home in Seaview Downs, where a treehouse has come under fire from Marion City Council. Picture: Matt Loxton

Zenayah said she was shocked at the attention the treehouse had gotten,

“I didn’t think this would be so big,” she said.

Neighbour Claire Balmer, whose daughter Delilah, 11, plays in the treehouse with Zenayah, said she loved the space.

“The girls are up there all the time,” she said.

Ms Balmer said the council should focus on bigger issues. “The council are bullies – find something better to do.”

Another neighbour, who only wanted to be known as Peter, said the treehouse had a direct line of sight into his living room.

“My main concern is my invasion of privacy. It’s a disgrace,” he said.

Peter said he expected the treehouse had decreased the value of his property by “thousands”.

Mr Statton has contacted the council to establish exactly what action needed to be taken.