Couple in race against time to save home at Marino from being demolished
A MARINO husband and wife are in a race against time to secure fresh planning approval for their $680,000 dream home, as they battle a court challenge from neighbours to knock it down.
- Marino couple ordered to demolish council-approved dream home
- New plans lodged to prevent $680k home being knocked down
A MARINO husband and wife are in a race against time to secure fresh planning approval for their $680,000 dream home, as they battle a court challenge from neighbours to knock it down.
Chris and Deborah Fleetwood have lodged revised designs with Marion Council to alter their completed two-storey house at 73 The Cove Rd.
To complicate the saga, which has been in and out of court since 2012, the Fleetwoods’ neighbours, Alex and Debra Paior, say the home overlooks their property and have applied for it to be bulldozed.
If the council approves the latest design before the court case is settled, the Fleetwoods will be able to complete their house.
But if the Paiors win the court case first, the Fleetwoods will have to knock the home down.
The case is to return to court for a preliminary hearing on June 14, when a trial date is likely to be decided.
Designs for the Fleetwoods’ latest development application are out for consultation until next Thursday, June 1.
It normally takes two to three months for a proposal to proceed from consultation to a decision.
Mr Fleetwood said his new development application was for a “totally different dwelling” with a lower roof, smaller top-storey with only frosted windows and no balcony, and a fence between his and the Paiors’ property.
“It’s about us meeting what the court said in the judgment (in January) and then also obviously meeting council requirements,” Mr Fleetwood said.
“They’re the two authorities — not the Paiors.”
The Paiors declined to comment.
Marion Council approved three previous designs for the Fleetwoods’ home between 2012 and 2015.
The Paiors have successfully appealed those decisions in the Environment, Resources and Development Court, including on the grounds that the home was too bulky.
At a court hearing last week, it was revealed that Planning Minister John Rau had refused a council request to have the State Government’s development assessment commission decide on the latest design for the home.
The Paiors’ lawyer, Michael Roder SC, told the court it appeared the Fleetwoods were trying to delay court proceedings “indefinitely” — or at least until they won a new building approval.
“The idea that that is the way the matter is going to proceed ... would be totally unsatisfactory,” Mr Roder said.
Marion Council spent more than $262,000 defending its earlier decision to approve the developments.
