News - 28 August 2010 - Neighbouring house refused demolition
In recent press, the Shire of Peppermint Grove has refused an application for the demolition of another category 1 building just down the road from the Cliffe.
Read that article below...
POST Newspapers 28 Aug 2010
Grove home demo bid blocked
BY BONNIE CHRISTIAN
A Peppermint Grove couple who want a demolition permit for their riverfront heritage house have been refused permission.
Terry and Jan Walsh were prompted to knock down their 1910 Federation Queen Anne style home after Peppermint Grove shire council approved a large new home on the vacant site next door.
Mr Walsh said the new home would shade his main living areas and devalue his property.
In a letter to the council, Mr Walsh disputed that the impact of the new house at 10 The Esplanade was the primary reason for his wish to demolish.
“We wish to make it clear that the primary basis for our application is that there are no provisions in the town planning scheme which would enable the council to refuse our development application to demolish the existing dwelling and outbuildings at 12 The Esplanade,” they said.
An administration report to the council said that when approving a development application the council had to consider the preservation of a building on the Heritage List and any heritage policy of the National Trust or any other relevant body.
The category one home is one of the oldest surviving residences along The Esplanade from the pre-World War I period. “Buildings which due to their character create the atmosphere of Peppermint Grove should be retained,” the report said.
However, Mr Walsh, a retired judge, said this definition alone could not provide a basis to refuse a demolition application. “Legal authorities also indicate that the word ‘should’ ... is to be construed as being discretionary rather than mandatory,” he said.
Mr Walsh has argued that Peppermint Grove’s approval to demolish The Cliffe further up the hill set a precedent supporting his application.
The report said that although economic impact was recognised as a factor when the council approved the demolition of The Cliffe, it was not something that should give weight to the planning decision at 12 The Esplanade.
“It is not beyond contemplation, in an effort to reinforce the significance of the place, for conservation works to be undertaken to reinstate its historic integrity and for the place to become an exemplar within the shire,” the report said.
Mr and Mrs Walsh have the right to appeal the decision to the State Administrative Tribunal within 28 days.
