Eric & Colleen Lawton: Springwood residents take on Logan council
‘The injustice is in the shades of grey’: An elderly Logan couple are in court fighting a charge of contravening an enforcement notice issued by Logan City Council, saying they’ve been ‘bullied and railroaded’.
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Four co-owners of a residential address at Logan are fighting a charge in court of contravening an enforcement notice issued by Logan City Council relating to retaining walls constructed around a granny flat, saying they have been “bullied and railroaded” by the council.
Springwood residents Eric and Colleen Merle Lawton, their daughter Renee Teresa Whaikawa and her husband Elijah, who now live in New Zealand, are co-owners of the property in question, at 21 Celeste Ct, which was subject to the enforcement notice.
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They all entered pleas of not guilty to the single charge.
Beenleigh Magistrates Court heard the defendants constructed three retaining walls around a granny flat on the property between April 28 – May 16, 2018, which received retrospective approval on May 17.
However, as part of that approval, they were required to submit a Form 21 – final inspection certificate confirming the walls were properly constructed.
The court heard the walls had caused some “slippage” in neighbouring retaining walls at 19 Celeste Ct and 265 Springwood Rd, at least one of which may still lead to subsequent civil action.
A council officer visited the Lawtons’ and Whaikawas’ property on April 10, 2019, leading to four show cause notices being issued before the enforcement notice was issued on June 17, giving the family 46 days to rectify the issue, which was not done by the due date of August 2.
Further inspections were done on August 16 and 28 and no appeal against the enforcement notice was lodged, the court heard, before the charge was laid on February 18 this year.
Mr Lawton, representing himself on behalf of the family, said he contacted council after the enforcement notice seeking an extension and further clarification but received no response, which was accepted by the court.
“My sin was patience,” Mr Lawton declared.
He submitted only being allowed 46 days to obtain the Form 21 was “inherently unfair”, and that he’d been “bullied and railroaded” by council.
“I was ignorant that not meeting this date would be so damaging for me,” he said, noting he was blindsided when he returned from visiting his daughter and son-in-law in New Zealand to find out council was taking him to court over the matter.
“I never expected (that) option to be taken,” he said.
When Magistrate Louise Shephard directed that the only issue in question was the “black and white” question of whether the enforcement notice under s168 of the Planning Act (QLD) was complied with, Mr Lawton disagreed.
“The injustice is in the shades of grey,” he said.
The trial continues on November 6.