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Man to fight for his castle

12 May, 2009 10:01 AM
John Davison believes he has the right to live in the dwelling he wants to and is against council orders to make changes to his home.

Glen Innes Severn Council has informed the Dundee landholder that the shed on Sunset Road (off Kubba Jimba Road) he has been living in for over five years is not of a reasonable standard.

Records at council show that a development application to erect a dwelling and a construction certificate were applied for in August 2000 but was refused due to a lack of information. This was the last council heard of the dwelling until last year when they were made aware that a dwelling actually existed on the property.

A subsequent inspection by council officers resulted in correspondence to Mr Davison in September advising him of the bushfire risk of the building in its current state.

He was told that he would require a development application for his continued occupation and that a number of issues needed to be addressed to gain approval.

It listed issues that needed to be addressed as the lack of smoke alarms, balustrade/handrails, inadequate sewerage facilities, and the need for insulation to the building to improve the thermal performance.

Mr Davison told the Examiner that as a disability pensioner it was not realistic for him to pay for such upgrades and did not feel council had the right to tell him how to live.

“I am trying to live on $11,000 or $12,000 a year so how can I be expected to do all of that work. I would have to find someone to lend me the money because the banks won’t when I’m on a pension. I have started to try and fix some of the things up but it is very expensive,” he said.

“What right do people have to come onto a property and tell people how to live. Council have taken all my independence away and my whole life’s work because I don’t have anything else. It keeps me out of the weather and I can sleep comfortably at night so that’s all I want.”

Glen Innes Severn Council Director of Development and Environmental Services Graham Price said Mr Davison had objected to the initial request, issued by council as required by law, and as such a notice of intention to serve an order was sent on April 22. Since that time council has received no response.

“The owner did contact council and advised that he was not prepared to carry out the work as outlined in council’s correspondence,” he said.

“The notice provides the owner with the opportunity to discuss options and concerns prior to council making a decision on whether to proceed and serve the order.

“Council has received no advice from the owner since the notice was sent and would welcome the opportunity for the owner to discuss the matter further to resolve it.”

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Holding ground... Jon Davison does not believe council has a right to dictate the standard of his dwelling.
Holding ground... Jon Davison does not believe council has a right to dictate the standard of his dwelling.

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