Victorian Political News		www.robertclark.net

OPPOSITION VICTORY ON PLANNING BILL DEMOLITION LOOPHOLE

News Release 10 May 2000

The Government has accepted the validity of Opposition criticism of a loophole in its planning legislation, which threatened 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 government has now moved amendments to its Planning and Environment (Amendment) Bill to close the loophole by requiring building surveyors to notify councils of any demolitions of the façade of a building.

Without these amendments, the loophole put hundreds of buildings across Melbourne currently being considered by councils for heritage protection at risk of having their heritage value destroyed without opportunity for councils or the Minister to intervene.

The Planning and Environment (Amendment) Bill, introduced into Parliament by Planning Minister John Thwaites, seeks to enshrine in legislation 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, under the Bill as introduced, the requirements would in future have applied only 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 being removed.

"This meant 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 could have been issued without any prior notification," Mr Clark said.

"Once the facade had been demolished, the heritage value would 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 had make public this loophole on 30 April and called on the Minister to address the issue.

"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, it has taken Opposition exposure to remedy this serious defect in the Bill, which could have resulted in grave damage being done to many potential heritage classification buildings."