Short-stay saga continues

Hopes for an end to the long-running Watergate short-stay case were quashed last month when the Building Appeals Board (BAB) decided the case should proceed to a full hearing.

Lawyers acting for short-stay operator Paul Salter had hoped the case could be resolved by a summary hearing, but during the hearing panel members questioned how they could make a decision without hearing evidence.

It will be the second time a BAB panel has heard evidence on the short-stay case, which dates back to 2012, when Docklands Executive Apartments operator Mr Salter appealed building orders issued by the City of Melbourne in 2011.

In the original case the BAB panel found in favour of the City of Melbourne and upheld the building orders.

The Watergate building is classified as a Class 2 building under the Building Code of Australia and the orders required the owners to comply with building regulations applicable to a Class 3 building (akin to a hotel or boarding house) or to cease trading.

Mr Salter successfully appealed this decision at the Supreme Court, which remitted the case to the BAB to be reheard.

Before it could return, council unsuccessfully appealed the Supreme Court decision at the Court of Appeals, which also remitted it back to the BAB.

Current panel member Stephen Kip retired from the BAB at the end of June and a new panel member will be appointed for the hearing.