Demolition Works Policy

Adopted by Council on 7 February 2011 

Policy Goals 

Latrobe City has developed the Demolition Works Policy as an overarching strategy to ensure that full consideration is given to the heritage value of an identified building within the municipality prior to the issuing of any building or demolition permit. The aim of this policy is to protect the cultural and historical heritage of the municipality as presented either visually or through association in respect to buildings. The policy will apply to all buildings or parts thereof throughout Latrobe City. 

Policy Implementation - Building Permits 

All applications for building permits will be scrutinised to determine if a building is to be substantially demolished or its façade will be significantly altered within the confines of section 29A of the Building Act 1993.  Where the demolition or alteration of a façade is identified the building will be cross referenced against any relevant heritage study and planning scheme, heritage overlay. All applications for report and consent to demolish or to alter a buildings façade pursuant to section 29A of the Building Act 1993 will be cross referenced against any relevant heritage study and planning scheme heritage overlay. 

Should the building not be identified within a relevant heritage study or planning scheme, heritage overlay, consent shall be granted to carry out the works. 

Should the building be identified in the planning scheme, heritage overlay consent shall be refused and the applicant required to make application for a planning permit to undertake the works. 

Should the building be identified in the current heritage study only, a referral shall be made to the Strategic Planning Co-ordinator to assess the heritage value of the building and the resultant proposed works. The Strategic Planning Co-ordinator may determine the proposed demolition of the building or alterations to the façade are inconsequential and authorise that consent be granted or that the building in its current status has significant heritage value and determine that the application be suspended. 

If an application is suspended, the Manager City Planning must recommend to the CEO to immediately make application to the Minister of Planning under section 20 of the Planning and Environment Act 1987 for an interim heritage overlay amendment or a permanent heritage overlay amendment where the building is considered to be of state or regional significance. 

Policy Implementation - Planning Permits 

In any areas of the municipality where there are heritage studies being undertaken or where they have been completed, any planning application that has a part of the proposed development, any proposed demolition, are to be checked against the heritage study to establish whether the building is included. This arrangement will apply until the relevant heritage overlay to the Planning Scheme is in place. In addition all such planning applications must be reported to Council for a decision and are not to be decided under delegation.         

This policy has been reviewed after giving proper consideration to all the rights contained within the Charter of Human Rights and Responsibilities Act 2006; and any reasonable limitation to human rights can be demonstrably justified.