Therefore the prudent keep quiet in such times, for the times are evil.
In May 2002, the architect Craig Shelsher, of ESZ Architects, acting on behalf of the lessees, Amir Bodenstein and Evos Primost, contacted Council requesting a site inspection of 39 Glebe Point Road.
Shelsher advised Council that he was preparing documents for a pre-Development Application process for that property and requested Council’s opinion on the existing status of its eastern boundary masonry wall.
He attached a copy of a report from Bekker, the structural engineer, regarding that building’s stability and structural integrity.
The lessees had pre-D.A. meetings with Council’s Planning Department, requesting among other things approval for replacing the side wall.
Bodenstein and Shelsher negotiated regarding a quote for a survey of the property.
The lessees issued a Notice of Intent to (1) replace existing wall along eastern boundary maintaining existing building envelope and (2) seek approval for a restaurant/café on the first floor level.
On 7 January 2003 Council replied to Shelsher: “The existing structure will need to be certified by a practicing Structural Engineer to ensure that the proposed work will not affect the structural integrity of the existing structure.”
Shelsher wrote to Council confirming the “list of items discussed and resolved” during their most recent meeting.
On 13 January 2003 the civil engineer, Johnston, advised the owner Voukelatos that he had just rung Council which had told him:
- their Compliance Officer, Glen Camenzuli, had attended 39 Glebe Point Road in July 2002 and in August 2002 but could not gain access to the property on either occasion
- in November 2002 the architect Shelsher had advised Council that a D.A. was being prepared.
Johnston had at once replied to Council that he did not think the owner Voukelatos knew about any of those things. Council’s Camenzuli replied that the owner’s authorization would be necessary for any D.A. to be accepted by Council
Johnston advised Voukelatos as follows: “Access to the site will be necessary to process the D.A. Depending on the nature of the alterations carried out, assessment or certification of the work may be required before the D.A. can proceed.”
On 22 January 2003 Voukelatos, who was at that time resident in Greece, asked Council if it could “confirm whether any building permit or D.A. has been lodged by Mr Bodenstein” regarding 39 Glebe Point Road.
On 13 February 2003 Shelsher informed Bodenstein that Camenzuli had received a letter from Johnston regarding the structural integrity of the building.
1. Inspection by Council
2. Pre DA meetings
3. If you wish
1. Inspection by Council
Mr Craig Shelsher is our architect. We inform Leichhardt Council about the structural problems requesting a site inspection of 39 Glebe Point Road and forward a copy of the structural engineer Bekker’s report.
05.11.02 Mr Shelsher to Mrs Gondon FG 1-2, 244-5
“Following our meeting on the 29th October 2002 at the above-mentioned property, we request your opinion of the existing status of the eastern boundary masonry wall.
We are preparing all documents for issue for the pre Development Application and would like your co-operation on this matter before Pre-D.A.
Please find attached our structural engineer’s letter regarding the structural stability + safety of the above-mentioned wall for your file.
We await your response and look forward to discussing this further with you at the Pre D.A. meeting.”
2. Pre DA meetings
We had pre-D.A. meetings with the Leichhardt Council Planning Department requesting among other things approval for replacing the existing sidewall. After this, I sent the plan and the statement of environmental effect to Mr Voukelatos for him to sign.
09.12.02 AB and Shelsher to Victor FH 1-2, FJ 1-2, 246-9
“Looking forward to see you on Monday the 16th.”
“Please provide a quote and a date for completion for a survey for the above property.”
02.xx.xx Statement of Intent FK 1-2, 250-1
“Replace existing wall along eastern boundary maintaining existing building envelope.”
“Seeking approved for restaurant/café also to first floor level”
07.01.03 Leichhardt to Mr Shelsher FL 1-9, 252-60
“In reference to a pre-development application meeting held on 12 December 2002 with Eamon Egan the following advice is provided in respect to the development. Council advice is based on plan Nos. 0014/01 to 0014/04 inclusive dated November 2002. Park Plan No. 0014/01, and a site inspection of the property.”
“The existing structure will need to be certified by a practicing Structural Engineer to ensure that the proposed work will not affect the structural integrity of the existing structure.”
“A structural engineering report”
22.01.03 Mr Shelsher to Leichhardt FN 1, 262
“Please find below a list of items discussed and resolved at today’s meeting for your file:”
09.02.03 AB to Mr Voukelatos FM 1, 261
“We will send you more plans if you can read the tif file”
3. If you wish
Mr Voukelatos and Mr Johnston are in touch and both of them make enquiries to Leichhardt Council.
22.01.03 Mr Voukelatos to Leichhardt LA 1, 453
“You might remember me from our meeting in December 2001 in Glebe to discuss the lifting of an Emergency Order on our building which has since lifted.
We rented this shop and residence in January 2002 to Mr Amir Bodenstein who was to carry out certain building work on the premises. We understand that although more than 12 months have elapsed since the commencement of the lease Mr Bodenstein has not done very much and we are getting concerned since he led us to believe that by April 2003 at the latest the shop would open for business.
Could you please confirm whether any building permit or D.A. has been lodged by Mr Bodenstein in respect of our abovementioned premises-since he has told us from time to time that he is having discussions with council about this matter.
Your assistance would be appreciated since we are still living in Greece and it is not easy for us to know what is happening.”
13.02.03 Mr Johnston to Mr Voukelatos LB 1, 454
“I rang Leichhardt Council this morning and was advised that my letter of 22nd July 2002 was received and dealt with by Compliance Officer Mr Glen Camenzuli. He rang me at about mid-day today and advised:
– He and another officer made separate visits to the site in August 2002 but could not get access, and left their cards.
– He was contacted in about November 2002 by Mr Craig Shelsher of ESZ Architects, 0425 318 864 (mobile), who advised him that a DA was being prepared.
– A pre-DA meeting has since been held with Council officers.
– Camenzuli rang Shelsher this morning and was advised that the DA would be submitted shortly.
– I advised Camenzuli that I did not think that you knew any of this – he was surprised and advised that your authorization would be necessary for any DA to be accepted by Council. Access to the site will be necessary to process the DA. Depending on the nature of the alterations carried out, assessment or certification of the work may be required before the DA can proceed. Councils’ phone number is… I will make further enquiries for you if you wish.”
13.02.03 Mr Shelsher to AB – FO 1, 263
“I received a phone call from Glen Camenzuli who works in the Compliances Dept of Leichhardt Council. Glen enquired about 39 Glebe Point Road as he had received a letter recently from the owner structural engineer Philip Johnston regarding the structural integrity of the building. The structural engineer had informed the owner of the condition of the building. Glen was able to contact CS+A through Rick. Rick also works in the Compliance Dept and was the gentlemen who dropped a card off at your premises in November last year.”