Why did Wingecarribee Council take 46 years?

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Rev. Chris Roubis
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Why did Wingecarribee Council take 46 years?

Postby Rev. Chris Roubis » Fri Oct 26, 2018 10:18 pm

Frank Maly still can’t believe it. Nor can his friends, family or neighbours.

Imagine running a business that’s been operating for nearly half a century, paying taxes and rates over all those decades, only to be told that it was illegal and must be shut down immediately.

Why did it take his council 46 years to tell him this?
Frank Maly has been told by council he has been operating an illegal business, which has been in place for 46 years.
Frank Maly has been told by council he has been operating an illegal business, which has been in place for 46 years. (A Current Affair)

Frank owns and operates ‘Morton Park’ in the Southern Highlands of New South Wales. It’s a farm stay where families, school, scouts and church groups have come to stay and enjoy the country surrounds since the early 1970s.

Nothing much has changed in the place since it was built and registered with Wingecarribee Council, except for the safety upgrades Frank says he did to the place when he took it over from the previous owners six years ago.

He took the old dry and rotted timber cladding off the accommodation rooms and replaced them with Colourbond. Put in smoke alarms and fire extinguishers and installed new wiring with safety trips in the electricals. But other than that everything else is still as it was way back when the first foundations were laid.
The popular Morton Park farm stay sits in the Southern Highlands in NSW.
The popular Morton Park farm stay sits in the Southern Highlands in NSW. (A Current Affair)
Families, schools and other groups have enjoyed the farm stay since the early 1970s.
Families, schools and other groups have enjoyed the farm stay since the early 1970s. (A Current Affair)

A couple of years back the councillors attended ‘Morton Park’, when Frank hosted a function to promote the area. He says they raved about the place.
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"They congratulated me, the mayor and other councillors here, they said they loved the place," Frank said.

But that all changed a year later when council inspectors turned up and told him the place was illegal and immediately closed it down.
The former mayor, who is still on the council, praised the camp, Frank said.
The former mayor, who is still on the council, praised the camp, Frank said. (A Current Affair)

"I was told by a council officer on the phone that some neighbours had complained. She used the words, 'they were disgusted and offended', and I went, 'what?' I know my neighbours and that really shocked me."

He engaged a lawyer and tried several times to have a meeting with council to ask, what gives?

But each time he and his lawyer got no response.
One of Frank's neighbours said she could not find a neighbour who had an issue with the farm stay.
One of Frank's neighbours said she could not find a neighbour who had an issue with the farm stay. (A Current Affair)
Frank claims the council is refusing to talk about it.
Frank claims the council is refusing to talk about it. (A Current Affair)

They took him to court, he says, and then the council withdrew from the case. But a short time later court attendance notices turned up in Frank’s mailbox informing him he is facing criminal charges for owning and operating an illegal business.

Frank is devastated and this is all affecting his health.
Frank said he had put in safety upgrades after taking the business over six years ago.
Frank said he had put in safety upgrades after taking the business over six years ago. (A Current Affair)

"I've had open heart surgery and I am in tune with my body, and I can tell you that the stress and sleepless nights put a lot of strain on my body and heart," he said.

All he wants to do is talk to council about the situation but he says they’re not having any part of it and they’ll see him in court.

It’s all so puzzling given he has paid rates to them for all these years on a business he says that is registered with council.

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https://www.9news.com.au/national/2018/ ... HBNIw13mSY
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