Glenorchy alderman defends council’s handling of McGill Rise development

Glenorchy City Alderman Kelly Sims has defended the council’s handling of the McGill Rise development after mayoral candidate Sue Hickey questioned the mayor’s knowledge of the problems. LATEST HERE >>

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Glenorchy City Alderman Kelly Sims has defended the council’s handling of the McGill Rise development after mayoral candidate Sue Hickey questioned former mayor Kristie Johnston and acting mayor Bec Thomas’ knowledge of the problems.

Alderman Sims said councils officers had been proactive in handling to matter.

“Council approached CBOS in 2018 seeking further investigations and also requested that CBOS pursue enforcement action,” Ms Sims said.

Glenorchy alderman Kelly Sims. Picture: Chris Gardner.

“The former Mayor met with the Minister to highlight the issues presenting at McGill Rise as well, in order to seek the formal involvement of CBOS to enforce ‘meaningful’ action.”

Ms Sims said Aldermen were briefed on the seriousness of the development in the days prior to the Council issuing Emergency Orders.

“Many issues remain in the system and fingers can be pointed at all levels somewhat for the lack of communication and action when it counted most,” she said.

Hickey slams former mayor for McGill Rise inaction

Glenorchy City Council mayoral hopeful Sue Hickey has taken a shot at the former GCC mayor Kristie Johnston and acting GCC mayor Bec Thomas amid the McGill Rise subdivision scandal.

Ms Hickey has questioned whether they were aware of the problems surrounding the Claremont development and if so, why they did not act on it, while Ms Johnston said the council had followed appropriate processes in line with the land use planning and approvals act and through working with building regulator CBOS.

The Mercury reported earlier this year that a planning application for one of the first properties developed, 12 McGill Rise, was approved by the GCC on February 13 in 2018 and the agenda from the meeting noted a representation against the application raised issues about erosion control and an unstable building base.

Sue Hickey will stand for Glenorchy mayor to replace recently elected state MP Kristie Johnston. Picture: Richard Jupe

Ms Hickey said the current system of planning and development controls between the GCC and the state government have not protected the residents.

“The important question is: did the former mayor and deputy mayor know about the problem and if so, why didn’t they take any action?

“If not, it is a clear failure of governance.”

Ms Hickey said she had long had concerns about the way GCC runs its planning authority, in particular the fact that the McGill Rise development and the Windermere Bay precinct housing development in Claremont “have not gone before full council for approval”.

“On both these sites in Glenorchy city, residents believe their concerns have not been heard and have stated that they have felt shut down and that these were done deals...the first most people knew of this current disaster was when it was raised in the Mercury.”

Acting GCC mayor Bec Thomas said the Glenorchy Planning Authority makes decisions about land use planning matters on behalf of the CCC, under the land use planning and approvals act, and the McGill Rise problems were not considered as they were outside the GPA’s legislated role.

Independent candidate for Clark and former GCC mayor Kristie Johnston said the issues surrounding the McGill Rise development had always been taken very seriously by her and council.

“Council planning authority acts in accordance with the land use planning and approvals act and makes decisions with reference to the planning scheme as it is required to by law,” she said.

“With regard to issues of compliance, this is a matter for council officers and I am aware that they took the issues at McGill Rise very seriously and worked closely with building regulator CBOS from the start.”

Ms Johnston said she met with then Building and Construction Minister Elise Archer to discuss council concerns.

McGill Rise tenants spent years in the danger zone

THE state’s building regulator advised the Glenorchy City Council to issue emergency orders to evacuate some residents from the ill-fated McGill Rise subdivision more than two years before the council finally did so, it has been revealed.

The news has prompted Consumer Affairs Minister Elise Archer to step in and seek advice on how to strengthen the state’s building regulatory framework.

The Mercury reported last month that in March some residents of the new subdivision in Claremont were yet to return home after they had to vacate their uninhabitable properties, which were deemed by the council to have an “intolerable risk” in heavy rain, posing a threat to their lives.

Homes at the McGill Rise subdivision in Claremont.

On Saturday, at least eight of the 22 homes in the development appeared to remain unoccupied.

Salina Cotton, who rented in McGill Rise for 18 months while she was building, was shocked by the latest development in the saga.

“That’s disgraceful really that people were put in there to begin with, because clearly there were lives at risk from when they were built,” she said.

“After I moved in, we had a heavy downpour of rain … and then the rocks that were on the bank had just come out and we’d have to go out and pick up rocks that had come from the neighbour’s house because they had rolled into our yard.”

Ms Cotton also said the home was hard to heat in winter, too hot in summer, and she was relieved to move out.

The Glenorchy City Council and the state government’s Consumer, Building and Occupational Services have been investigating the stability of cuts, fills and embankments at the site developed by Aviation Consolidated Holdings.

It has now come to light that concerns about these issues were raised with the council by nearby neighbours in 2018.

A planning application for 12 McGill Rise was approved by the council on February 13, 2018, with the agenda from the meeting noting a representation against the application raised issues about erosion control and an unstable building base.

“The representer states that a lot of dirt and rocks have been placed on site and there is nothing to retain it, so that there would be no stable base for any dwelling,” the council agenda said.

“This issue would have to be addressed as part of any building application, where building foundations and stability of embankments would have to be certified by a qualified engineer.

This issue is not a planning issue that can be considered as part of this application.”

A planning application approved by council for 25 McGill Rise on May 14, 2018, said a representation noted “fill placed on the site will not be a suitable base to build on”.

“The stability of the fill is dealt with at the time of construction, through the Building Act

2016 – prior to construction, engineering certification of the fill will be required,” the council’s response was at the time.

A home at the McGill Rise subdivision in Claremont

On the same day, an application was approved for 44 McGill Rise, with concerns about unstable landfill again raised.

“The representer states rubble has been moved close to the boundary and rocks have rolled into the neighbouring property to the east,” the agenda said.

“This issue is not a planning issue that can be considered as part of this application. The stability of the fill is assessed at the time of issuing a building permit.”

A GCC spokeswoman this week said while the issues raised could not be considered in the context of the planning applications, “these issues were certainly investigated through on-site inspections and discussed with CBOS in 2018”.

The McGill Rise subdivision in Claremont.

A Justice Department spokesman said at all times during the development, the council had appropriate powers under the Building Act to address matters raised at the subdivision.

“In January 2019, CBOS provided advice to Glenorchy City Council that the general manager may need to consider the need for emergency orders at the site,” the spokesman said.

“In October 2019, CBOS finalised an audit of the site which made recommendations to responsible parties. This included recommendations the council commission a geotechnical engineering report in relation to the stability of all embankments on the site.

“Following a lack of action by Glenorchy City Council, CBOS commenced a further audit in August 2020 to determine compliance of each property at the site.

“In response to steps taken by CBOS as part of this audit, the general manager of Glenorchy City Council issued emergency orders for eight properties in March and April 2021 and the permit authority of Glenorchy City Council issued building notices for remaining properties in June 2021.”

Consumer Affairs Minister Elise Archer.

Ms Archer said statutory responsibilities were not optional.

“It is disappointing that at each stage, the general manager and permit authority (being the Glenorchy City Council) delayed action on this matter until their hand was forced by the Director of Building Control,” she said.

“In light of this, I have asked for advice on proposals to strengthen the state’s building regulatory framework, particularly the accountability of permit authorities when acquitting statutory functions.”