email to council - house buying is sunk

@ 13/9/2024: instructed lawyer to rescind contract.

Feeling sad, knocked over & confused by the entire event. So many hopes, hours of hard work, vision & dreams have been washed down the drain by bureaucracy at its worst. 

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Letter #1 - Dear Mr Blake (General Manager)

I  writing to ask for your discretion on matter I  currently have running with Council's Planning section. 

Please, first allow me to provide some context before adding details on how i understand this matter has unfolded. 

Following my daughter's relocation to Peak Hill earlier this year, I have visited six times and planned to relocate there from my property on the Hunter Valley where I khave loved for over sixty years. When I learned that a rusty little miners cottage was listed for sale at Council's Unpaid Rates Auction on 27 June I was very enthused. Although bidding proceeded beyond my preferred amount, I continued on and succeeded in winning the property. I paid a deposit and left satisfied that I had secured a retirement project and a place to live near my daughter on Peak Hill. 

However, the following day I learned from a Council worker that there were rumblings of trouble generated by a failed bidder and next door neighbour. The council worker has encountered this fellow, directly following the auction, in council chambers, on am agitated state, searching for an officer to hear his grievances. 

The council worker knew the fellow and seeing his actions and level of agitation asked him what the problem was. There was some further discussion after which the council worker sternly indicated this Mr Byrne, by words to the effect: "You didn't win the auction Cameron its none of your business. Stop trying to cause trouble and go home".  

Sadly Mr Byrne's red flag waving ultimately found an ear and evidently he caused a Demolution Order to be immediately issued for the property. This is the same property that was sold by Council days earlier with no Orders pending and which Mr Byrne himself had bid around $38 000. 

In hindsight Byrnes's behaviours at the auction gave some indications of trouble; when his bid was cast aside he said loudly and with evident  spite that "there's too much asbestos on it for me anyhow". Towards the fonalisation of the sale Byrne shirt fronted me wanting to know what I was going to do with the property. I said "to restore it and live on it". He again mentioned the presence of asbestos, to which I described how on situ it represented no danger and that if any of it needed removal of would be done "without harm  to anybody and following government guidelines. Mr Byrne then said: "I really wanted that property". Evidently he was very annoyed that he had missed out on the sale and them charge off to Council, as described above.

I have since read the Demolition Order and met with the Council's building regulation officer. The Order mentions "friable asbestos", the officer merely suggested that the presence of asbestos was grounds for demolition. Two things, there is no friable asbestos in the building. I have cleaned and checked from roof top to floorboards and only found fibro sheeting, mostly in whole sheets and fixed in place. Asbestos Awaren pamphlets in the Council foyer states clearly that one third of all homes contain asbestos. Further,  that fobrp sheeting poses no inherent danger when left alone. 

Due to that lack of friable asbestos and the rapid issue of a Demolition Order on a property (previously vacant for 12 years), I doubt the property was actually inspected and instead the report was based on Byrne's red flag waving allegations. Nor would any rightminded Council issue Demolition Orders on all houses containing asbestos. 

I urge you to consider Mr Byrne's likely malicious intent to spoil the sale when reviewing Council's handling of this matter. My wishes are for the sale to proceed and for me to be allowed to continue to work to restore the property without unecessary harrassment. 

On economic grounds itakes sense for Council to not order demolition. As of 26 June, Coincil had been owed $17 000 in unpaid rates. With the sale at $54 000, even allowing for sale costs, Council profitted by more than $34 000. Should the contract be rescinded as is now ordered, the Council would not only retain the debt, now approximately $20 000, it would carry additional costs for:  house demolition, with the expense of asbestos removal and disposal, clearing the land of a considerable nber of  mature trees and other vegetation, legal costs with any resale and no rates income for the duration.  In simple terms, Council would be owed in excess of $50 000 on land worth $25 000 when it had $30 000 on the hand to begin with. There is then a real prospect that after all this, our Mr Byrne could then buy the property for $25 000 instead of the $38 000 representing his failed auction bid.

Yours sincerely..

Terry Gvvvvhjk

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Letter #2 - to building regulator

I wrote asking the inspector to advise of any concerns Council have for the house. 

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The response did not detail Councils concern but instead requested a Structural Engineer's inspection & report. 

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In response to this I identified that Council had no clue but were fishing for reasons, at 

my expense!

Afterwards I could anticipate said Council looking over my shoulders finding faults &e having to repair them according to their whims & fancies. 

I had no intent to enter Russian Roulette with me losing & paying for both players, so I advised my conveyancer to back out.  

 

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UPDATE ON INTERFERING NEIGHBOUR:

attending a local garage sale, I heard a fellow speaking fast & downloading a major loofe event where he left reliable employment due to a  "micromanaging boss who was always putting him down". He said he had to go home each day & listen to positive thinking recordings to get himself back off the emotional floor. Eventually he handed Hus resignation, the boss, despite being asked not to micromanage & harass on occasions, was shocked. That manager was this same neighbour.  What a jerk!