agenda - City of Stirling

AGENDA OF THE ORDINARY MEETING OF COUNCIL
13 NOVEMBER 2012
b. Detail why the building is not a typical or intact example of a specific architectural style
or building type, or is not an example of a building containing unusual or finely
executed detailing;
c. Detail (with written documented evidence provided by an independent expert) why the
place is structurally unsafe and irredeemable, and the conservation of the place is not
viable (NB: property owners are responsible for the maintenance of their asset, and
allowing a property to fall into disrepair will not facilitate an approval for demolition).
Only where the place has been identified as an ‘intrusive’ or ‘neutral’ place (houses or
unit developments of more recent design), consideration can be given to varying this
requirement;
d. Is the building listed on the City’s Heritage List;
e. Is the building the work of a noteworthy architect, designer or builder;
f. Was the building the home of an important person in the history of the locality, or the
location of a significant event or activity in the history of the locality; and
g. Does the building have a significant meaning to a specific and identifiable group in the
community."
Background
The subject application (DA12/1245) was lodged with the City on 31 May 2012. In
processing the application for demolition, the City considered separate heritage reports from
both the applicant’s heritage consultant and the City’s heritage consultant. The applicant’s
heritage consultant recommended approval of the application for demolition whilst the City’s
heritage consultant stated that the “proposed demolition would have an irreversible negative
impact on the streetscape of the HPA as a whole…” The City’s officers concurred with the
advice of the heritage consultants and the application was subsequently refused under
delegated authority on 23 July 2012 for the following reason:-
"The demolition would be contrary to the requirements of the Heritage Protection Area
Special Control Area and the City’s Character Guidelines (Mt Lawley, Menora and
Inglewood) of Local Planning Scheme No.3."
The applicant subsequently lodged an application for a review of the City’s decision to the
State Administrative Tribunal (SAT) on 17 August 2012. There has been one (1) directions
hearing and one (1) on-site mediation to date. At the on-site mediation the subject dwellings
location and contribution with the Railway Parade streetscape was explored and discussed
between the City and its heritage consultants, the applicant and their heritage consultants
and member of the SAT. Through the mediation process it was considered a reasonable
outcome that the City would reconsider the proposed demolition in light of the further
information that would be provided from its heritage consultant regarding the existing
Railway Parade streetscape and the subject dwelling within that context, as compared to the
original comments which focused more specifically on the actual dwelling itself. The SAT has
subsequently invited the Council to reconsider the application prior to a further directions
hearing as the application was previously determined by the City under delegated authority.
It should be noted that on 7 February 2012 Council resolved (Council Resolution Number
0212/009) to approve the demolition of a dwelling within the Heritage Protection Area at Lot
402, House Number 14, Railway Parade, Mount Lawley which is located three (3) lots southwest
along Railway Parade of the subject property. At the time, Council resolved to approve
the application for demolition for the following reason:-
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