| posted on February 2, 2017
By GEOFF VIVIAN
A COLLINGWOOD Park couple who operate a home-based bitumen paving business are appealing a council decision regulating activities and site works on their Emu Point Drive property.
A City spokesman said they had lodged an appeal with the State Administrative Tribunal to be heard early this month.
However the couple have dropped their court case against Councillor Robbie Sutton.
Among other things, Franz and Kelly Liva said Councillor Sutton had taken photographs of their business activities over the fence from a neighbouring property.
The Livas claimed this was “intimidating” and an invasion of their privacy but withdrew their application for a restraining order after appearing in Albany Magistrate’s Court last Friday.
Cr Sutton said he had acted on complaints from several neighbouring property owners along Emu Point Drive.
“All I can say is I was doing my job as a councillor, as I should do,” he said.
“I was sharing the photographs with members of council that may not have had the time to get there.
“And the photographs weren’t over the fence, they were from the neighbour’s property, the concerned neighbours, so I still maintain I did nothing wrong except worked hard as a councillor should.”
At the December council meeting Cr Sutton said he took up the cause after one of the Livas’ neighbours told him his front porch had cracked and his shed door would not close.
After Cr Sutton and several neighbours queried the Liva’s planning permission, City staff became aware they were carrying on a bitumen paving business from home and had levelled the block without seeking planning permission.
The Livas then worked with council officers on a proposal for retrospective planning approval.
Council staff noted the Livas had obtained permission from the Department of Environment to clear vegetation as their block was partly covered with paperbark trees.
Cr Ray Hammond said he was “horrified” when he viewed photographs of the neighbourhood that had been taken over the past 40 years.
“Let me tell you, each and every one of you, every one of those blocks have been levelled,” he said. “Inappropriately, unlawfully, but they all tell the same story – they’ve all been levelled.”
Other councillors expressed environmental, noise, dust and public amenity concerns at the meeting. Crs Bill Hollingworth and Nicolette Mulcahy then proposed a compromise motion authorising most of the Liva’s site works and business activities.
It required them to realign their driveway, collect stormwater from the vehicle parking area, service and wash their trucks offsite and undertake approved landscaping.
It also allowed them to store small amounts of materials such as sand and bluemetal on site that were left over from paving jobs.
“We seek to encourage small businesses and we look at having some control over that as well,” Cr Hollingworth said.
Cr Mulcahy said the council’s planning committee and staff had worked to achieve a “win-win” situation for everyone.
“I think Mr and Mrs Liva have worked very hard with officers at the City and other government departments to ensure that they have abided by everything that they are allowed to do,” she said.
This motion was passed with councillors Sutton, Smith, Dowling, Terry and Shanhun voting against it. A City of Albany spokesperson said it had an insurance policy that covered claims against the council, individual councillors and City officers.
“The matter involving Cr Sutton was referred to the City’s insurer and this claim has been accepted by the insurer,” he said.
“Accordingly, legal representation was provided to Cr Sutton under this policy.”
Franz and Kelly Liva have been contacted for comment.
