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Gomes/Warren Terrace Investments Fined $11,000

Latrobe City Council has been successful in its prosecution of Mr Frank Gomes and Warren Terrace Investments in the Latrobe Valley Magistrates Court for offences.

By Latrobe City Council - 21st April 2009 - Back to News

Mr Frank Gomes (Francesco Gomes) and Warren Terrace Investments pleaded guilty on Tuesday to a total of eight charges relating to the construction and occupation of a self storage facility at 48 McMahon Street, Traralgon.

Latrobe City Council, chief executive officer, Paul Buckley said that the charges related to a range of infringements which had breached building regulations and the Planning and Environment Act.

"Mr Gomes and his company Warren Terrace Investments were prosecuted in relation to a number of charges under the Building Act 1993, charges which demonstrated a disturbing disregard of the building approvals process."

The charges related to:

  • a failure to gain a building permit for excavation and construction works;
  • carrying out construction works not in accordance with an approved building permit;
  • occupying the buildings at the site without an occupancy permit being issued;
  • failure to carry out protection works in relation to an adjoining property;
  • failure to ensure that a contract of insurance was in force against damage by the proposed works to the adjoining property during the carrying out of the building works and for a period of 12 months after the building work was completed;
  • failure to comply with a planning permit.

Mr Gomes was fined $8,000 and ordered to pay court costs of $2,733 while his company Warren Terrace Investments was fined $3,000 and ordered to pay court costs of $2,733.

Mr Buckley said that Mr Gomes had compromised important building standards.

"Latrobe City Council takes all breaches of the Building Act 1993 very seriously and this case is perhaps one of the worst that we’ve seen for some time.

"This prosecution should serve as a reminder to those involved in the building and construction industry, that Latrobe City Council will not, under any circumstances, compromise community and industry standards," said Mr Buckley.

"The greater majority of builders and developers in Latrobe City do comply with the building development process and it is unfortunate that a few individuals choose to disregard those processes."

Mr Gomes and Warren Terrace Investments have three months to pay and no conviction was recorded.


Source: www.gippsland.com

Published by: news@gippsland.com



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