A warning to property developers can be taken from the recent case of a property developer who demolished a 100-year-old shopfront in Annandale, contrary to planing controls - he has been fined $200,000.
The NSW Land and Environment Court, determined that the owner and director of development company Geitonia, Bill Gertos, was personally liable for the illegal demolition of the Edwardian facade located next to the Annandale Hotel.
The court heard that Mr Gertos, ordered the demolition of the facade in October and November 2011 following a council approved redevelopment of the building - based on the premise that shopfront facade would be preserved.
Mr Gertos was personally fined $150,000 whilst Geitonia and the project manager GRC Projects Pty Ltd, were each fined $50,000.
Justice Biscoe who handed down the sentence said that Mr Gertos was the "guiding mind" in the decision to demolish the facade without the consent of the council. The judge also determined that the premeditated demolition of the face made it an aggravated offence.
It was made clear to Mr Gertos by Leichhardt Council that the majority of the front and side facades were to be retained and may be repaired where required, and Mr Gertos had made two unsuccessful attempts to amend the application which would allow the removal of the facade.
Leichhardt Council investigated the demolition and discovered that Mr Gertos, through GRC, had attempted to falsify documents to mislead the council and evade prosecution.
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If you are thinking about making property renovations to commercial or residential property which may see you end up in the Land & Environment Court without the right advice, or for any other matters relating to property transactions or property disputes, contact Szabo & Associates Solicitors today. At Szabo & Associates Solicitors we can advise on all aspects of property law. Call us on 02 9281 5088.