Building Appeals Board has ruled the council acted outside its powers when it ordered Gerry and Bronwyn Borghesi to fund emergency works following a 2022 landslide.
As reported by the Age – The board found the couple had not been undertaking any building work at the time — a key legal trigger for the council’s authority to act.
Three landslides have occurred on the McCrae slope since late 2022, with eight homes still under evacuation orders. The slip that occured along 14 January this year destroyed a home and forced 19 families to flee.
Borghesis say their home has since been looted, and residents continue to face long-term displacement and uncertainty.
A commission of inquiry into the causes of the landslides is now underway, with submissions open and hearings ongoing.
The council says it is reviewing the board’s ruling and has until May 16 to appeal.
There is a history of landslides occurring at McCrea. The council is 100% responsible for granting building permits there. What do the planning department do at Mornington Pen Shire? There are other Cliff Dwellers on other Mornington Pen sites. If I owned a cliff house that was built in the last 25 years, I would be calling structural engineers and sending the Shire the bill