Fire Damage
Does a fire causing significant damage to heritage buildings undermine the ability of the Tribunal to hear an Application for Review lodged prior to the fire?
Does a fire causing significant damage to heritage buildings undermine the ability of the Tribunal to hear an Application for Review lodged prior to the fire?
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?
The recent VCAT decision in SMA Projects Pty Ltd v Yarra CC & Ors [2013] VCAT 436, tested the argument of financial viability i.e. whether the financial viability of a proposal was relevant in justifying a development. The proposal was for the development of a site with 350 dwellings and commercial uses (an increase from a previously approved application) and included the restoration of heritage buildings.
Planning Note: Heritage significance in the absence of heritage overlay controls…