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PostPosted: 05 May 2012, 11:15 
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Joined: 10 Oct 2010, 17:57
Posts: 636
UrbanPlanner wrote:
would be interested in other ideas on an appropriate solution is such a case


Firstly, the local council should learn the lesson of 5 Victoria Avenue, Claremont, WA and put a caveat on the land title immediately.

5 Victoria Avenue, Claremont was a beautifully restored 1905 Federation heritage listed house which was illegally demolished on a Sunday morning in August 2007 and as a result the owner was ordered to rebuild the house to its condition prior to the demolition. However, the owner transferred the ownership of the house from himself to his company (of which the owner and his wife were directors) after the demolition of the house. The State Administrative Tribunal set aside the order on the basis that the company was not the owner of the land at the time the demolition was carried out and as a result the Claremont Council could not require the reinstatement of the house.

Following the State Administrative Tribunal ruling, the original owner tried to sue the Claremont Council for $1.6m for defamation of his good name.

5 Victoria Ave Claremont before and after the demolition in August 2007.
Attachment:
5 Victoria Ave Claremont before & after Aug 2007.jpg
5 Victoria Ave Claremont before & after Aug 2007.jpg [ 31.02 KiB | Viewed 1400 times ]


Secondly, the Victorian Government should learn the lesson of 5 Victoria Avenue, Claremont and immediately fine owners who illegally demolish buildings a minimum of $1,000,000 (depending on how big the development is).

As a result of the legal proceedings surrounding 5 Victoria Ave Claremont, the Western Australian Government increased the fine for demolishing listed buildings from $50,000 to $1,000,000.

Personally I think jail time should be added to these fines, after all if you can go to jail for $300,000 of tax avoidance like Glenn Wheatley, which is only money, then why not for property destruction which can not be replaced.


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