‘Heavy hand’ of council

Daniel Wanders' cars. 163134 Picture: STEWART CHAMBERS

By Aneeka Simonis

COUNCIL compliance officers have been accused of having a heavy-handed and intimidating approach to investigating complaints against ratepayers.
And no-one can escape their hard-line approach.
A newly axed councillor, whose mum was a nationally recognised leader and surviving prisoner of war (POW), is subject to council’s latest stand-over.
Former Cardinia Shire councillor David Young’s family property in Cardinia is being investigated due to a complaint cars were being stored at the site without permits.
The cars belong to the former Port Ward’s nephew, Daniel Wanders from Total Autos in Pakenham, and the land belonged to David’s mum, Wilma Young – a woman who created history after becoming the first-ever female RSL president.
She also survived three years as a Japanese POW.
Instead of calling to discuss the complaint, council slapped the family with a Notice of Intent (NOI) to inspect the property.
Mr Wanders slammed council for their “heavy-handed” approach, and explained he would have been happy to comply had he’d been told what the issue was and how he could fix it.
“We aren’t looking for any special treatment, but there are better ways to go about it,” he said.
Gembrook resident Sue Jarvis was also subject to similar council intimidation earlier this year when a complaint was lodged in relation to her home gallery.
She’s also called on the council to review their complaint investigation process.
“It’s like you’re guilty until proven innocent. Council should ring the person involved rather than send an intimidating letter which doesn’t explain what the complaint is about,” Ms Jarvis said.
Bill Ronald – a long-time former councillor – is representing the Young family in the NOI dispute.
He accused council of misusing inspection powers afforded to them under the Planning and Environmental Act 1987.
“The framework to allow them to enter a property is only there when the occupier is hostile, not as a default approach,” Mr Ronald said.
“It’s like they are building a case against residents before sitting down and talking with them. The Young family are happy to comply, but council is hell-bent on building this case against them.”
Mr Ronald said council’s approach was particularly inappropriate given the service Wilma and David Young have provided to the community over the generations.
“David’s seat on council is barely cold, and now they are investigating his property due to one complaint,” he said.
“Wilma would be rolling in her grave knowing this was happening to her son and grandson.”
Council has vowed to review its approach toward investigating complaints.
However, they denied releasing information about how many NOIs they had issued in 2014-’15 and 2015-’16.
Council’s manager for Development and Compliance Services Debbie Tyson said a NOI was issued to enter the Cardinia property after an attending officer was unable to observe any breaches to the property which appeared to be unoccupied at the time.
She said council access to the property was denied on a later visit, and that the second visit was delayed due to a request for an alternate inspection time.
The Cardinia property inspection has been rescheduled to take place in early January.
The Gazette contacted Mr Young for comment, but he did not respond.