City of Launceston councillor Joe Pentridge claimed in an appeal that neither he nor two of his companies was the owner of land on which he built an unapproved 68-metre bridge over the North Esk River.
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In the appeal to the Tasmanian Civil and Administrative Tribunal (Tascat) against three building orders and three enforcement notices, Mr Pentridge and two of his companies Holly Pty Ltd and Pentridge Pty Ltd denied they were owners of the land where the bridge over the North Esk stands.
The appeals also argued that the erection of the bridge did not require a building permit.
Parties involved in the appeal hearing last Friday, Mr Pentridge, his companies and the City of Launceston, were ordered by Tascat member Fabian Brimfield to make final submissions by January 23 and 24 respectively.
The Department of Parks and Wildlife has ordered removal of the bridge by February 1.
Mr Pentridge, who is also known as Joseph John Pintarich, appealed to Tascat about the direction to demolish the building work, namely the steel bridge spanning the North Esk River, or to complete any remaining building work in accordance with the Building Act 2016.
The City of Launceston council notice on December 8 related to property at 50 Wildor Crescent, Ravenswood, and Lot 2 Greythorn Street, Launceston and the North Esk River.
In the particulars of the appeal, Mr Pentridge says: "The notice concerns work which is described as a 68.29 metre steel bridge spanning the North Esk River."
"The ends of the bridge have been constructed on the properties described in folios of the register (volume 16990 folio 2 and volume 180099 folio 100) being premises of which the appellant is not the owner."
In the appeal Mr Pentridge's legal counsel also argued that the work did not require a building permit or other valid authorisation under the Act.
"The construction of such a bridge is not 'permit building work' for the purposes of s128 of the Act and did not otherwise require a valid authorisation before the work comprising its construction," the particulars of the appeal said.
The appeal also claimed that the bridge did not require a permit under the Land Use Planning and Approvals Act 1993. "Prior to construction of the bridge there was a bridge spanning the North Esk River in the same location as that now constructed and which was integral and subservient to a lawfully established existing use of the land, namely to allow livestock to pass and repass across the North Esk River. The bridge the subject of the enforcement notice reconstructs that bridge," the appeal particulars say. The hearing last week heard that the bridge cost $275,000 to construct. The council has brought charges against Mr Pentridge which are next before the Launceston Magistrates Court on March 2.
Mr Pentridge's counsel, Jennifer O' Farrell, submitted that the hearing process brought great prejudice for Mr Pentridge and his two companies.
"The council could gain information from this proceeding to advance in criminal proceedings," she said. "The council has got out a scattergun and fired aimlessly."
Council lawyer Nathan Street said the safety of residents on the flood plain and users of the North Esk River were relevant to whether a stay on the orders was granted.
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