Unanswered, really

Annette, Thanks for taking the time to respond. My issue that I raised is not being addressed. My question was very simply: Can you please take the time to explain to me why the council can arbitrarily choose to neglect its requirements to uphold the laws that it has created? Any chance that this can be addressed? You can review my original email request (attached) so that it may be more in perspective. Mr Wicked

Maybe an answer??

Dear Mr Wicked I refer to your email dated 11th March 2013 addressed to the Mayor, Chief Executive Officer and Cr Battersby. The Chief Executive Officer has asked me to respond on Council’s behalf. In this regard I advise that Council issued a letter on 13 February 2013 to the owner of the premises at 9 Dunbil Ave, requesting the removal of the structure attached to the common boundary fence. A site inspection on 12 March 2013 revealed the structure has not been removed. Consequently, Council will be issuing a Show Cause Notice to the owner in order to progress the matter to gain building approval (or removal) which as a consequence will determine and address any deficiencies or boundary alignment concerns. Should you require any additional information from Council with regard to this matter, please do not hesitate to contact Joe Zocco on 3480 6732. Thank you for bringing this matter to Council’s attention and I trust the above information satisfies your enquiry. Regards Chris Teitzel Director Community & Environmental Services Moreton Bay Regional Council | Redcliffe District Irene Street, Redcliffe Qld 4020 P O Box 159, Caboolture Qld 4510 P: (07) 3283 0452 F: (07) 3205 0599 M: 0419 632 957 www.moretonbay.qld.gov.au MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege. It is only intended for the named recipient/s. If you are not a named recipient any use of this information including copying, distribution and publication is prohibited. Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery. If you are not a named recipient, please delete all copies immediately and contact the sender to advise of the error. It is recommended that you scan this email and any attachment before opening. MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email, opening any attachments or any communication errors. The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated.

RE: Council Inspection of unlawful construction

Hi Mr Wicked - Dunbil Ave Ferny Hills - building matters CC CEO Office and PA Polly Ward, I am always willing to assist residents where ever I can with matters of interest to them. Following your request today Monday 11th March 2013 that this matter be now dealt with via the CEO's office, I respect your request for this avenue of investigation. Regards, Brian Battersby Division 10 Independent Councillor - Moreton Bay Regional Council If you need any Council help, assistance or information please contact our great team in Customer Service and 2 ways are E-mail mbrc@moretonbay.qld.gov.au or Ph 3205 0555 office hours 8.30am to 5pm, As they can assist you with many matters during a working day. Alternatively if you need my extra help my E-mail is brian.battersby@moretonbay.qld.gov.au or via myCouncillor PA, Polly Ward office hours via Ph 3480 6383. Alternatively my Home/Office Ph 3851 0475 or 14Leawarra Cres Ferny Hills Moreton Bay Region Qld 4055 "If" you need to reply to my E-mail, it would be a great help if you could simply reply as the "reply" process creates a good paperwork trail.

RE: Council Inspection of unlawful construction

Brian, For clarity, you have previously been unwilling to deal with this. I had approached you, but you moved the issue elsewhere. (See existing email chain attached) After speaking with you, Gabrielle from Customer Service and Polly from your office, on the 12th of February, I was directed to raise the complaint to the CEO, which I did. Today when you spoke with me, you said that you were calling me back as I requested, which quite clearly I hadn’t. I asked you if you were dealing with this issue on behalf of the CEO, to which you did not respond. Ideally, I would have liked for you to have dealt with the issue when it was raised, but you haven’t. If you can now deal with the issue, please do. Otherwise, can somebody deal with it? The issue is: Can you please take the time to explain to me why the council can arbitrarily choose to neglect its requirements to uphold the laws that it has created? Mr Wicked

RE: Council Inspection of unlawful construction

From: Brian Battersby [mailto:Brian.Battersby@moretonbay.qld.gov.au] Sent: 11 March 2013 3:07 To: 'Mr Wicked' Cc: CEO Subject: RE: Council Inspection of unlawful construction Hi Mr Wicked – 11 Dunbil Ave Ferny Hills, Cc CEO Office, Following our telephone talk around 2.50pm on Monday 11th March 2013, as requested by yourself, this matter is to be handled by the CEO’s office. Regards, Brian Battersby Division 10 Independent Councillor Moreton Bay Regional Council

RE: Council Inspection of unlawful construction

Dear Mr Wicked I acknowledge receipt of your email and apologise for the delay in Council’s response to you. I will follow through on your complaint as a matter of priority and accordingly you will be further advised. Thank you for bringing this matter to the Chief Executive Officer’s attention. Kind Regards Heather Bailey PA - Chief Executive Office Moreton Bay Regional Council PO Box 159 Caboolture Qld 4510 P: (07) 3205 0555 F: (07) 3480 6758 www.moretonbay.qld.gov.au For Daryl Hitzman Chief Executive Officer

Haven't heard back ...

G’day, I am a little dismayed at the progress of the below complaint as I have not heard back from Council at this stage. I do note, however, that Brian Battersby is discussing the complaint with the previous owner of the property that I own, saying that ‘he is stirring up trouble.’ Can you please indicate a completion date for resolving my complaint? I would have thought 1 month was more than enough.

Mr Wicked ...

Hi Mr Wicked – 11 Dunbil Ave Ferny Hills, Cc Customer Service, I have recently talked to Councils Development Compliance section manager after out mid afternoon telephone talk on Tues 12th Feb, for you. Regards, Brian Battersby Division 10 Independent Councillor Moreton Bay Regional Council If you need Council Help or Information please contact our great team in Customer Service two ways E-mail mbrc@moretonbay.qld.gov.au or Ph 3205 0555 Office hours 8.30am to 5pm weekdays. As they can assist you with many matters during a working day. Alternatively, if you need my extra help my E-mail is brian.battersby@moretonbay.qld.gov.au or via my personal assistant Polly Ward office hours via Ph 3480 6383. Or my home phone is 07 3851 0475 and my address is 14 Leawarra Cres Ferny Hills Moreton Bay Region Qld 4055. "If" you need to reply to my E-mail, it would be a great help if you could simply reply as the "reply" process creates a good paperwork trail.

To: Mr Wicked ...

Thank you for your email to Council, Mr Murphy. I have requested that the matters you raise be investigated and a response will be forwarded to you in due course. Regards Lyn Chilton CEOs Office

To: Council ...

Council, Please review the email chain below. Councillor Brian Battersby has handballed my question raised at the end of my initial email to elsewhere inside the council. However, to this date, my only correspondence was the below. During the course of penning this email, I rang council on (07) 3205 0555. They put me back to the inspector who originally checked the property. He tells me that he has been asked to change what he is doing, and that he is now drafting letters regarding the construction owned by my neighbour. However, my request for information given to Councillor Brian Battersby in the email has not been addressed. Is there any chance that there will be an answer forthcoming? Mr Wicked http://mbrc-battersby.blogspot.com.au/

To: Mr Wicked again ...

Dear Mr Wicked Thank you for contacting Moreton Bay Regional Council and Councillor Battersby. As per Councillor Battersby’s request, your email has been reviewed and forwarded to the relevant Department for their attention under Customer Request Number 1335902. For further enquiries in relation to this matter, please do not hesitate to contact Council quoting the Customer Request Number above. Regards Gabrielle Customer Service Officer Customer Services Community & Environmental Services Moreton Bay Regional Council 2 Hasking St, Caboolture Qld 4510 P: (07) 3205 0555 F: (07) 3205 0599 www.moretonbay.qld.gov.au

To: Mr Wicked ...

Hi Mr Wicked - 11 Dunbil Ave Ferny Hills, Cc Customer Service, I will send your request for help off to our Development Services section, via our Customer Service section, firstly for recording purposes. Regards, Brian Battersby Division 10 Independent Councillor Moreton Bay Regional Council Office 220 Gympie Rd Strathpine Qld 4500 (This message was sent from a portable device) If you need Council Help or Information please contact our great team in Customer Service two ways E-mail mbrc@moretonbay.qld.gov.au or Ph 3205 0555 Office hours 8.30am to 5pm weekdays. As they can assist you with many matters during a working day. Alternatively, if you need my extra help my E-mail is brian.battersby@moretonbay.qld.gov.au or via my personal assistant Polly Ward office hours via Ph 3480 6383. Or my home phone is 07 3851 0475 and my address is 14 Leawarra Cres Ferny Hills Moreton Bay Region Qld 4055. "If" you need to reply to my E-mail, it would be a great help if you could simply reply as the "reply" process creates a good paperwork trail. MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege. It is only intended for the named recipient/s. If you are not a named recipient any use of this information including copying, distribution and publication is prohibited. Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery. If you are not a named recipient, please delete all copies immediately and contact the sender to advise of the error. It is recommended that you scan this email and any attachment before opening. MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email, opening any attachments or any communication errors. The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated.

To: Mr Battersby ...

Mr Battersby, I have a property at 11 Dunbil Ave. I have a shared boundary at 9 Dunbil Ave. I approached the council last year a few times and earlier this year with concerns that the neighbour at 9 Dunbil Ave had constructed a carport and used a retaining wall construction on the boundary between 9 and 11 Dunbil Ave as a support for the carport. I approached the council, as I thought this was against the laws of the council, and should be dealt with by the council. After some approaches by me to the council, as mentioned, an inspector from the council came and investigated. Later that day, he rang me with the following information: 1. There was no approved plan for the construction of the carport. 2. Council did not have any plans for any properties constructed more than 7 years ago as council had allowed all such plans to be destroyed in a fire. 3. As council did not have plans they could not take action regarding the existence of the carport. 4. The carport breached rules regarding its supports (the supports are constructed on top of a retaining wall, on the boundary). 5. Council could issue a letter to rectify the supports for the carport. 6. Council would not issue a letter to rectify the supports for the carport. I contend to you that council is failing in its duty, after having inspected this property, by not ordering the owners to rectify a breach of council by laws. I am sure that if I had an unregistered dog, the failure to register the same has no potential life threatening consequences to anybody, the council would fine me, as this has actually happened to me. However, my neighbour has an unlawful construction which has the potential to have life threatening consequences to people yet the council refuses to take any action. Can you please take the time to explain to me why the council can arbitrarily choose to neglect its requirements to uphold the laws that it has created? Mr Wicked