MORTDALE residents wishing to use the new Woolworths and gym in Roberts Avenue will have to wait at least another month.
Romanous Developments project manager Danny Romanous said they were "pulling together all their resources" to ensure the building opens in a month's time — four months behind schedule.
Mr Romanous said the building was finished but there were a number of certificates to be finalised. As a general rule certificates were not issued until relevant contractors were paid.
He said work on the development, which began two years ago, had been slowed down by a number of problems, including litigation instigated by Hurstville Council.
The council took action against Romanous Developments for unauthorised work and contaminated landfill, including asbestos.
The case was listed for mention in the NSW Land and Environment Court on March 21 and relates to land adjoining the construction site.
Hurstville mayor Jack Jacovou said the discovery of fragments of bonded asbestos caused the council great concern.
"The court action was originally a result of the developer failing to comply with the development consent and unauthorised work, including clearing of trees, landfill and disturbing the drainage and creek system through the site," Cr Jacovou said.
"With the additional discovery of the asbestos, council is now even more determined to ensure the developer complies with all planning and environmental controls on the site."
Cr Jacovou stressed the proceedings only related to the vacant part of the site next to the new building.
The council first raised concerns about unauthorised works on the vacant land 12 months ago.
"The developer has appointed a private certifier for the new building being constructed," he said. "The private certifier is responsible for supervising all construction works and for approving the completion of the building.
"This means that council does not have control over when it will open.
"The court proceedings do not prevent the developer from opening the new building."
Romanous Developments, which owns the site and the building, was told by the court to present its evidence by April 11, ahead of a May 16 hearing.
Mr Romanous said while the council had not directly held up building work, it did not make things easier.
"We're a local business and we've invested a lot of money in commercial buildings around Hurstville. When things linger on like this it's not good for anyone," Mr Romanous said.
A spokesman for private certifier AE&D said the building work was completed two weeks ago and it was now a matter of sorting out paperwork.
He said 80 per cent of the certificates were in and the rest were filtering through. He expected it could be finalised in a month.
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