Mascot Towers: Bayside Council cleared of wrongdoing after claims ‘documents went missing’

Findings against a Sydney council have been handed down over its handling of the approval of the defect-ridden Mascot Towers, after claims documents ‘went missing’. See what it means here.

Bayside Council has been cleared of any wrongdoing over the assessment and approval of the defective Mascot Towers, following allegations council documents “had gone missing” – which sparked an independent investigation by the NSW Government.

In June 2019, residents inside Mascot Towers at 1-5 Bourke St were ordered to evacuate their homes after “cracking” was found throughout the building.

People evacuating Mascot Towers 1-5 Bourke St, (IMAGE MONIQUE HARMER)

Since the order was imposed, shops and restaurants were also evacuated in December 2020 over “safety concerns associated with similar major structural defects”.

The ongoing structural defects resulted in the development abandoned.

In May last year, former Local Government Minister Wendy Tuckerman called for an investigation into any aspect of council’s dealings after the NSW Planning Department received advice that relevant council documents pertaining to the assessment, determination and certification of the Mascot Towers development could not be located.

1-5 Bourke St, Mascot. (IMAGE MONIQUE HARMER)

However, an independent investigation by McCullough Rovertson Lawyers has found council “satisfied” obligations in the processing, assessment and determination of the development application.

“we have not identified anything else in council’s file that, in our view, would warrant the carrying out of any further investigation into council’s role in the approval and certification of the Mascot Towers development,” the report to parliament said. “The documentation in council’s file is generally indicative of council acting in accordance with the functions and

responsibilities conferred and imposed on it by the law.”

The investigation also cleared council of any wrongdoing with the certification of construction and occupation certificated for Mascot Towers.

In July last year, Mascot Towers homeowners were successful in an out-of-court settlement after lodging legal action to retrieve more than $15 million worth of damages.