Tough new laws to protect heritage buildings

New laws against illegally demolishing heritage buildings aim to hit dodgy developers where it hurts most – their hip pocket.

Tough new laws to stop developers illegally demolishing heritage Victorian buildings will be introduced to state parliament on Tuesday.

The Andrews Government will be given the power to slap 10 year bans on the development of sites where unlawful demolition work has been carried out, under changes to state planning legislation.

The Bill will see site owners who unlawfully destroy heritage buildings in part or full, or allow them to fall into disrepair, stripped of planning permits.

It will also allow different permits to be issued for repair or reconstruction of buildings illegally bulldozed or for something else to be built in their place, such as a public park.

The law, to be introduced on the first day of parliament for the year, comes after developers demolished Carlton’s historic Corkman Irish Pub in 2016 without planning permission.

Planning Minister Richard Wynne said the reform would strengthen Victoria’s building system, provide greater protection for heritage listed places and hit dodgy developers where it hurts – the hip pocket.

The Corkman Irish Pub before it was destroyed.

“These new laws remove the financial incentive to illegally demolish by stopping development on the land for up to 10 years,’’ he said.

“We’re sending a clear message to those developers who do the wrong thing – there are real consequences for wilfully destroying our precious heritage.”

Political insiders said the new Bill was likely to be dubbed “Corkman Law’’, in reference to developers Stefce Kutlesovski and Raman Shaqiri who pleaded guilty to illegally destroying the 158-year-old pub.

The “Corkman Cowboys’’ were ordered to pay $250,000 in legal costs, fined $150,000 and sentenced to one month in prison for failing to comply with a VCAT order to build a park on the site.

VCAT on Monday amended an enforcement order, requiring the developers to build the park by April 30.

The developers, fined more than $1 million for knocking over the pub, are appealing a contempt of court conviction and sentence.

The new law will allow the Government to prohibit development on sites for up to 10 years if the owners are charged with unlawful demolition.

The demolished Corkman Irish pub. Picture: Alex Coppel.

It follows enforcement measures introduced in 2017 making it an indictable offence for builders to carry out works without a permit or in contravention of the Building Act, regulations or their permit.

Mr Wynne said the new law would stop developers copping a fine but still making a profit from showing heritage buildings the wrecking ball.

“Fines shouldn’t just be the cost of doing business.,’’ he said.

“Preventing those who illegally demolish our heritage from redeveloping means they can no longer reap windfall gains from selling or rebuilding on their land.”

The Bill will also propose improving the state’s planning system by making documents, notices and panel hearing information freely available online on an ongoing basis.

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