Fines and orders issued to owner of Tender Centre
Published on 18 November 2024
The owners of the property located at 85-87 West Street, South Kempsey, formerly known as the Kempsey Macleay Tender Centre, have been issued with multiple fines and orders to address fire and safety concerns.
Kempsey Shire Council is actively investigating safety and compliance issues at the property following multiple complaints regarding unsafe living conditions and fire hazards.
The investigation commenced in October 2023, prompted by a report alleging that people were residing on the property, which was described as being filled with old mattresses and surrounded by a 4-metre-high fence and locked gates, potentially preventing occupants from evacuating in an emergency.
As part of the investigation, a Council Environmental Health Officer conducted an initial site visit and reviewed all background information, including all Council consents granted for the use of the property.
Council’s Development Compliance Officer conducted further site visits, discussed the alleged breaches with the site supervisor, and attempted to contact the property owner.
Despite leaving messages and follow up inspections, the owner was uncooperative.
In an effort to address the alleged breaches and safety concerns, Council issued a Notice of Intention. After this Notice expired with no response from the owner, a Development Control Order was issued. Due to the continued breach of the Order, Council has now issued a number of fines against the owner.
Council has ordered the owner to improve security at the facility, to ensure the facility is not used for any accommodation purposes and to ensure the premises do not pose a safety risk.
Separately, Council also received a complaint from Fire and Rescue NSW (FRNSW), raising concerns about fire hazards and risks to life on the property. A joint site visit was conducted between Council’s Development Compliance Officer, Building Surveyors and Environmental Health Officers with a team from FRNSW.
Based on the findings of this inspection, Council issued an additional Fire Safety Order against the owner. The order requires the owner to remove the fire risk posed by the mattresses. As yet, there has been no response from the property owner.
Should the owner continue to fail to comply with Council, further action can be taken in accordance with the Compliance and Enforcement guidelines including prosecution.
Council is committed to ensuring the safety and wellbeing of the community and will continue to take appropriate action to resolve the situation.