Illegal Demolition of Carlton Pub
When you think of the city of Melbourne, beautiful tree lined streets, the Yarra, abundant parks and a very distinct architectural aesthetic come to mind. Our unique metropolitan landscape is peppered with heritage listed sites which exemplify bygone eras and celebrate our city’s cultural legacy. If it wasn’t for governing bodies like the Heritage Council of Victoria, many historically significant objects and places would not be protected for current and future generations and our beloved city would lose much of its charm. But heritage overlays and protection laws aren’t always convenient. Once a property has been heritage listed, there are strict restrictions placed on what can and can’t be changed and/or demolished. Sometimes developers and renovators butt heads with councils as the rules stipulate what can be renovated, the design and even the building materials. This doesn’t always fit with the grand plan of the property owner and sometimes works are carried out on the sly without official permissions.
Some people can argue that the council planning system is so complex that it’s not worth the bother of applying for permits. Wait times for approval can also exceed twelve months which people can’t afford or are not willing to hold out for. Nonetheless, going against council is a dicey decision. Individuals and companies found to breech the laws can face hefty financial fines as well as criminal charges in some cases. But the possibility of these severe penalties still don’t deter all. In recent times there have been a few high profile cases where property owners have taken a calculated risk and have exploited the heritage system.
In late September 2015, The Block contestants Darren and Dea Jolly demolished a heritage listed house in Kew East. Although they faced a potential $200,000 fine, the fine wasn’t imposed. This is largely because they rebuilt a replica facade or the original home, all be it new. In October, 2016 they sold their renovated property for just over $2.9 million. The truth is, even if they had to pay the $200,000 they would still made a huge profit on this project.
A few days ago, the Carlton Inn, an Early Victorian hotel built in 1857 with historic and aesthetic significance to the City of Melbourne was bulldozed. Complaints were made by locals when they noticed the commotion in the street, but “By the time council inspectors arrived, the building had been largely demolished.
The city council still issued a stop-work order to prevent further demolition, but a demolition crew returned on Sunday to finish off the job. There was no demolition permit allowing the pub’s destruction, nor was there a planning permit for a building to replace it.” (The Age)
Current fines are obviously not a sufficient deterrent for rogue property owners and developers if the value of the redeveloped property is enticing enough. $200,000 is just a slap on the wrist for high flying developers and a cost worth absorbing.
The laws need to change. You can’t put a price on our city’s heritage as making illegal changes is nothing short of the worst kind of vandalism. It is vital that our heritage is protected and that is much more important than the interest of developers. Aside from financial penalties, jail times could be imposed and building licenses taken away to deter those that plan to declare bankruptcy or insolvency to avoid fines. Perhaps banning individuals who are sitting as directors of the construction and demolition companies from operating in the industry should also be fair game. Even land confiscation by the government could come into play.
Compulsory confiscation, jail time, loss of license and industry suspension would be far more of a deterrant than sums of money which would be made back on the sale of the properties built on the site in future.
As a community we need to stand up and say no to cowboy developers and investors defacing our city and government needs to send a strong message to prevent others from taking the ‘risk’ and destroying more of our valued sites. There is plenty of un-protected real estate to choose from so no reason or excuse to break the law.
Housing Market, Plan Melbourne, Real Estate News & Opinion, State of the market
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