Owner at ’end of the line’

A LONG-running legal saga over a controversial building development in South Hobart moved a step closer to conclusion yesterday, when a court gave the owner of Lynton Avenue’s “blue box” 80 days to comply with council orders.

WARNED: Baocheng Xing, whose blue Lynton Avenue building has come under scrutiny, leaves the Hobart Magistrates Court. Picture: MATT THOMPSON

A LONG-running legal saga over a controversial building development in South Hobart moved a step closer to conclusion yesterday, when a court gave the owner of Lynton Avenue’s “blue box” 80 days to comply with council orders.

In the Hobart Magistrates Court, Baocheng Xing, 38, of Sandy Bay, was fined more than $8000 after pleading guilty to two counts of failing to comply with a building order, and one count of using land in a way in breach of the Appeal Tribunal.

In telling Xing he had reached “the end of the line”, Magistrate Glenn Hay ordered him to erect appropriate fencing around the “eyesore” site within 21 days from July 11, and also gave him 80 days to obtain a building permit from Hobart City Council to replace — or cover — the existing cladding.

Xing was also ordered to reduce the overall height of the building by at least 140mm.

Magistrate Hay warned Xing that if he failed to comply, the council would have the power to carry out the works itself and bill him for the cost.

The court heard that since Xing was granted a building permit for the site in March 2009, he had blatantly disregarded multiple orders from council, planning tribunals and courts for the three-storey project to comply with building regulations.

Legal counsel for the HCC, Fabiano Cangelosi, told the court the unfinished development had had “a depressive effect” on rents and land values of surrounding properties.

An emotional Xing said the past few years had been the worst of his life, and that he was relying on commissions from Chinese investors’ Tasmanian acquisitions as his primary source of income.

Outside court, South Hobart property owner Alan Clark said he was pleased the court had taken action against Xing.

“I’m the acting chairman of the body corporate, and there’s been a lot of stress for us trying to get this right,” Mr Clark said.

“We used to have a nice view over the River Derwent, now we just see a blue box.

“I’d like to see the top storey removed, and then built to a standard acceptable to everyone around Lynton Avenue.”

Xing was also ordered to pay HCC’s legal costs.

Chairman of HCC’s City Planning Committee, Alderman Jeff Briscoe, said the council was satisfied with the court’s ruling.