MAY 2001

• Demolition of contributory heritage buildings
• When buildings aren't where they should be
• Old Titles
• Legionella Strategy

Demolition of contributory heritage buildings
Back to the Top

Since the widespread introduction of the Heritage Overlay within Victorian Planning Schemes, Councils are frequently finding themselves before VCAT defending Heritage related planning decisions.

The Heritage Overlay can apply to a single property or whole areas covering several blocks. It has led to buildings with no particular heritage interest, or only the limited significance of being old, falling within in the Overlay. Council decisions to refuse demolition of such buildings have been successfully appealed before the Tribunal.

Of importance is the condition of the building to be demolished: has it been modified so that it is no longer representative of its era? Has it ceased to make a contribution to the overall appearance of the street? Is it in such a state of disrepair that it is not possible to restore?

The Heritage Overlay’s purpose is to conserve and enhance heritage places and those elements that contribute to their significance. So, if the existing building does not enhance the heritage area, and its proposed replacement does, a demolition permit may be issued.

Cases exist where the demolish a "contributory building" has been approved, but the plans for a replacement building have been rejected. In one such case, the proposed development required the removal of 100 year old trees which were found to contribute significantly to the streetscape.

Another important consideration for heritage related developments is the location of neighbouring buildings. Federation style cottages, for example, may have either a shared wall or courtyard. Proposed developments have been rejected by Council and the Tribunal because of their impact on the neighbouring building’s access to sunlight. In one case, an application for a double storey development was rejected, but a later, single-storey development, received approval.

In matters of this kind, the assistance of an heritage architect has proved useful in both obtaining demolition permit and in designing a replacement building to compliment the surrounding heritage buildings.

If you would like more information on heritage issues or contact details for an heritage architect in your area, please contact our office.

When Buildings Aren’t Where They Should Be
Back to the Top

At Kellehers, we stress to our clients the importance of viewing the plans of any proposed development next-door. Wherever possible, a copy of plans should be obtained or traced at Council. Issues such as privacy, overlooking and overshadowing must be addressed before a permit is issued by Council. Often negotiations with the developer can result in small but important plan changes.

But what do you do if the house is not being built where it should be or is differently designed? What if it’s closer to your house than you would like and closer than Council permitted?

The first thing to do is ensure you have a copy of the endorsed plans with the planning permit and if no planning permit exists, look at the building plans that should be held at Council. Then raise the issue with the neighbour or developer and if there is no immediate satisfactory outcome, tell Council and get legal advice. Do not delay and do not rely on Council alone to fix your problem. The most important thing is to have building halted until the matter is sorted out.

We have found that, when a building is not located where it should be, Councils tend to explore the possibility of amending plans rather than using their powers to have the building demolished and re-built correctly.

You will always have more chance of success if you act as soon as you notice a problem. Once building is well advanced, it becomes increasingly difficult to stop.

If you are unsure whether the building complies with the permit issued, contact Council and ask it to urgently inspect the site and reassure you

Old Titles
Back to the Top

Over the past few years, the Land Titles Office has been eliminating large parchment Titles and introducing A4 sized computer generated Titles.

The parchment titles often dated back to the late 1800s or early 1900s and contained a complete, handwritten history of the land’s ownership. As this information can have both historical and family significance, as from 15 January 2001, the Titles Office has been returning cancelled parchment titles to their owners along with the replacement computer generated title. These documents are of enormous historical significance and should be kept safely. The document of current legal significance of course will be the computer generated title.

Legionella Strategy
Back to the Top

From March 2001, new obligations exist for property and business owners under the Buildings (Legionella) Act 2000. Key elements of the Act are:

All cooling tower systems in Victoria must be registered with the Building Control Commission.

Risk management plans must be developed and implemented for all cooling tower systems.

An annual independent audit of risk management plans will be conducted.

The Department of Human Services will undertake random inspections of cooling towers and will provide an outbreak investigation facility.

Cooling tower systems must be maintained in accordance with the health regulations.

Back to the Top