Victorian Political News		www.robertclark.net

Planning Bill loophole to open way for heritage demolitions

News Release 30 April 2000

A loophole in planning legislation introduced into Parliament by the Labor government threatens to allow developers to tear down the facades and other heritage features of potential heritage classification buildings, Shadow Planning Minister Robert Clark said today.

The loophole will open the way for developers to bypass planning controls and obtain the required demolition permits. Hundreds of buildings across Melbourne currently being considered by Councils for heritage protection will be at risk of having their heritage value destroyed without opportunity for Councils or the Minister to intervene.

The Planning and Environment (Amendment) Bill, to be debated in Parliament this week, seeks to enshrine the practice put in place by the previous Planning Minister Rob Maclellan which requires that all applications for building permits to demolish all or part of a building must be referred to the local Council by the building surveyor who proposes to issue to permit.

This notification gives the Council the opportunity to seek to prevent the demolition through demonstrating the building is of 'special interest' or through applying for interim heritage protection from the Minister.

However, Labor's proposed legislation only applies in cases where more than 50 per cent of the volume of a building is being demolished within a three year period. The 'special interest' test is also to be removed.

"This means that where 50% or less of the building is being demolished and there is no heritage protection already in place, a permit for the demolition can be issued without any prior notification, Mr Clark said.

"Developers and building owners will be able to obtain a building permit to demolish classic features of a building, without notifying the Council, provided at least 50 per cent of the building remains standing.

"Once the facade has been demolished, the heritage value will often have been destroyed, rendering heritage protection impossible and thus enabling the developer subsequently to obtain a permit to demolish the remainder of the building.

Mr Clark said the Opposition would be pressing the Minister to address this issue when the Bill comes on for debate in Parliament this week.

"With split responsibilities between Health and Planning, Mr Thwaites has not being giving enough personal attention to the Planning portfolio," he said.

"As a result, he has allowed inadequately thought through provisions to be included in the Bill which could have serious impact on the character of many Victorian streets."