New legal battle between Glenorchy City Council and developer looms in McGill Rise saga

The Glenorchy City Council is embroiled in a new legal stoush with the developer behind a controversial Claremont subdivision. See the latest spat

44 McGill Rise, Claremont. Picture: Chris Kidd

The developer behind an ill-fated subdivision at Claremont has signalled it will take legal action against the Glenorchy City Council in a bid to stop three houses from being demolished.

The council’s general manager, Tony McMullen, has confirmed that legal representatives for the owners and developer of McGill Rise have advised that they “intend to mount a legal challenge to the demolition”.

“The council will consider its legal options having received this advice,” he said.

44, 42 McGill Rise, Claremont. Picture: Chris Kidd

It comes more than two years after the Mercury first reported that several homes in the subdivision were plagued by issues, including structural problems and electrical faults.

Built in 2018, the three houses slated for demolition were erected on “insufficiently retained building platforms”, according to Mr McMullen, whose statement coincided with the expiry of the 90-day demolition order period.

“This failing was not rectified by the private building surveyor engaged by the developer to sign off on the houses’ construction,” he said.

“As a private building surveyor was used by the developer, the council had no role in inspecting the buildings as they were being built.

“Shortly after the houses were tenanted, they developed significant building defects including cracking. Investigations by engineers revealed the building platforms did not meet required standards and the buildings were declared unfit for habitation. Tenants were evacuated and the houses have remained vacant since.”

Tony McMullen General Manager, Glenorchy City Council. Picture: NIKKI DAVIS-JONES

McGill Rise was developed by Aviation Consolidated Holdings, which has a registered office at Kensington in Victoria.

The council issued the demolition order for houses 25, 42 and 44 “out of concern for public safety and based on legal advice”, Mr McMullen said.

Safety fencing will be placed around the houses to reduce the risk to the public. The council says the dwellings could potentially collapse and independent advice from engineers indicates that the risk worsens in times of heavy rainfall.

“Prior to the demolition order being issued, the council engaged with owners of these premises through their legal representatives in an attempt to have rectification work carried out, however, this did not occur,” Mr McMullen said.