Diamond Creek dad battles Nillumbik Council over self-contained room for sick daughter

A Diamond Creek father who built a custom office for his sick daughter on his property without a permit could now cop a $100,000 fine from Nillumbik Council.

Aishah Pelley’s father built her an ‘office’ at the front of his Diamond Creek property without a council permit. Picture: Supplied

A bitter battle is brewing between a father and Nillumbik Council as they clash over a custom-built makeshift room the father constructed at the front of his Diamond Creek property for his disabled daughter.

Mark Pelley erected the “office” without a permit for his sick daughter Aishah to run her business from, not realising it was oversized and that the setback was too far forward.

The council issued a building notice stating the potential for a nearly $100,000 fine and asking Mr Pelley to prove why the attachment should be allowed to remain.

It pointed out that the attachment was too big to be built without a permit and the street setback was too far forward by roughly 56cm.

Aishah Pelley, who has two aneurysms, recently suffered a stroke and has a condition called hypertrophic obstructive cardiomyopathy.

She says the room is crucial to her quality of life.

The room is larger than the 10sq m allowed to be built without a permit. Picture: Supplied

“I am no longer able to work as a snake catcher due to my health, and my business in art and storytelling has become my sole remaining connection to work, culture, and identity,” she told the Herald Sun.

“The facility provides me with a culturally appropriate and disability-accessible space where I can continue to share my heritage and stories with the community.”

Mr Pelley said the council was making a difficult time much harder for him and his family.

“I’m basically trying my best to look after my sick mother and daughter and balance everything as a struggling single dad,” he said.

“And the council just have to, with their ivory tower approach, stamp the law down for something that no one cares about.”

The council’s building notice gave Mr Pelley several options moving forward, including removing the structure, getting a surveyor to provide a compliance report, and obtaining a new permit to improve the structure to comply with all council standards.

For Mr Pelley, it was too much for the family to deal with.

He argued that if it were a “shipping container” or if the room “had wheels”, none of this would have to be done.

So he has taken the issue of the Building Notice to the Building Appeals Board, with it becoming an issue of whether compassionate circumstances should win out over regulations.

Aishah says she needs the room for her sense of independence and to continue working. Picture: Supplied

It is those regulations the council said they were following.

“Council did not have documentation certifying that the building had been erected in accordance with the Building Code,” a spokesperson said.

“As part of our statutory obligations to ensure buildings are constructed in accordance with regulations, Council issued a Building Notice on the property owner.

“Council is unable to comment on the case until the Board hands down its decision.”

Aishah said she just wants to use her office hassle-free and that a battle with the council was the last thing she needs.

“The last few years have been really hard for me as my condition has worsened,” she said.

“My life of adulthood so far has mostly been frequent hospital appointments, medical procedures, and being at home in pain.

“I am no longer able to attend Indigenous cultural gatherings and am now largely housebound and living with constant pain.

“The office is the only space where I am able to experience a sense of independence and continue my work through my Indigenous incorporation.”

The matter is now before the Building Appeals Board, with a decision expected in the next six to eight weeks.

Originally published as Diamond Creek dad battles Nillumbik Council over self-contained room for sick daughter