Many VCAT cases involve objections to the demolition of a heritage building or place that is already ‘protected’ by a heritage overlay under the Victorian Planning Scheme. It is often asked at what point is it worth saving a heritage building, when the building is in a poor state of repair?
Further questions are raised when the extent of remedial works required to repair a building effectively compromise the original heritage fabric and the heritage significance which is required to be protected.
A recent VCAT Red-dot decision (Green v Hobsons Bay CC (Red Dot) (Correction) [2013] VCAT 2091 (8 January 2014) saw a number of concurrent appeals against councils refusal to grant a permit and against permit conditions for the redevelopment of land and the demolition of the Oriental Hotel which is covered by a Heritage Overlay, at 3-39 Nelson Place Williamstown. The area is located within the former Port Phillip Woollen Mills area and is identified as a strategic redevelopment area and located opposite a Major Hazard Facility. The proposal includes the construction of 7 multi –storey dwellings and a six and four storey apartment building containing a total of 124 dwellings. The proposal also includes the demolition of the Oriental Hotel located within the centre of the site.
Amongst other issues the Tribunal considered the question of whether the demolition of the heritage protected Hotel should be permitted especially considering that if the building were to be retained it would affect the viability of the current development proposal . The physical condition of the heritage building was considered by Tribunal in terms of its contribution to the heritage precinct and its historic and aesthetic local significance. The heritage citation identified the building as a rare example of a nineteenth century 3 storey corner hotel along with others in the Government Survey Heritage Precinct.
The question of whether the building was worth preserving rested on its state of repair. Whilst objectors to the proposal contending that after purchasing the site, the owners deliberately allowed the building to deteriorate to a point where its removal was justified, which is contrary to Heritage policy (Clause 22.01) of the Hobsons Bay Planning Scheme and does not justify a heritage buildings removal as follows:
- Discouraging the demolition of heritage places unless it can be demonstrated to the satisfaction of the Responsible Authority that the structural integrity of the heritage
place has been lost;
- Generally not accepting the poor condition or low integrity of a heritage place a justification for its demolition, particularly if in the opinion of the Responsible Authority the condition of the heritage place has deliberately been allowed to deteriorate;
It was of interest that the Heritage consultants revised their statements of significance within their statements of evidence at the hearing however the building was not upgraded from Local to State Signficance despite its application for inclusion on the Victorian Heritage Register. The application for inclusion on the register incidentally bore no weight at appeal whilst its inclusion was still being considered. Heritage consultants and structural engineers also held opposing views as the practicality of retaining the hotel with differing opinions regarding the buildings structural condition.
In summary, the Tribunal overturned council’s decision to refuse a permit for demolition of the heritage Hotel based on the following:
- The planning panel considering the planning scheme amendment C34 in 2003 recommended the Oriental Hotel not be included within the heritage overlay with the panel finding ‘severe structural deterioration of the building’ and citing the building was not of local significance
- The Panel report included consulting engineers reports of the structural deficiencies that were already present in the building (prior to purchase of the site in 2005) which tribunal upheld stating “ We conclude that the extent of fabric to be removed is so great the heritage value of the remnant building is severely compromised. It would no longer be a heritage building per se but essentially a largely brand new building incorporating a limited amount of the fabric of the 1854 hotel. Such a building would be of limited, if any heritage value.”
Developers of sites containing heritage buildings should, where possible, seek to conserve and enhance those elements which contribute to the significance of the heritage place. However it is contemplated within the planning scheme, that there are circumstances when demolition is appropriate, most notably when the structural integrity of the heritage place has been, or will be, lost. In this VCAT case the history and manner in which the site was included into the heritage overlay, more than 10years ago, reviled critical information that ultimately supported its demolition.