Toowoomba Regional Council taken to court after rejecting demolition of ‘derelict, uninhabitable’ character house

It’s been vandalised, abandoned and is infested with termites — even some of the doors have been stolen. But this property was rejected for demolition and now the owners have taken the council to court over it.

David Pemberton wants council to reconsider the decision to deny permission to demolish a house on Hume St, Thursday, November 11, 2021. Picture: Kevin Farmer

UPDATE: The owners of a dilapidated “character home” have taken the Toowoomba Regional Council to court after it refused to approve its demolition.

David Pemberton and Alina Meyer lodged an appeal last week with the planning and environment court over the decision last month on the Hume Street property in North Toowoomba.

The property, which has been described as “derelict and uninhabitable”, is covered by a neighbourhood character overlay that restricts development and demolition works.

In his claim to the court, Mr Pemberton said he had demonstrated enough evidence that the home was beyond salvaging and needed to be knocked down.

“A quality market appraisal report reviewing the economic assessment to repair/restore the existing dwelling significantly exceeds the market value and resale of the dwelling,” the claim said.

“The dilapidated, structurally unsound and uneconomically repairable issues have been addressed by the two engineers reports, the pest report (and) the two builders reports.

“The adjoining neighbours are pleased to see that someone is trying to do something about getting rid of the dwelling and shed and building aesthetically attractive cottages.”

The council has not yet responded.

EARLIER: Council officers rejected the plan to knock down the single-storey property on Hume Street in North Toowoomba which has been left rotting and vandalised for several years.

The application was made by building designer and engineer David Pemberton of LogIT Solutions and his partner Alina Meyer, who said demolition was the only economically-viable option considering the site’s state.

Mr Pemberton said a market appraisal from McGrath Real Estate put the cost of repairing the home at $850,000, far more than to demolish and build new dwellings.

David Pemberton wants council reconsider the decision to deny permission to demolish a house on Hume St including this shed at the back of the property. Picture: Kevin Farmer

The couple is preparing an appeal of the decision in the planning and environment court.

The property is covered by a neighbourhood character overlay, which applies special planning codes to areas to ensure any development is in keeping with the streetscape.

The 670 sqm lot includes a three-bedroom house in serious decay and a smaller structure that is missing its roof and with major structural problems.

Mr Pemberton said he submitted a number of reports relating to the structural integrity and presence of termites in the property.

One building report from Baker Rossow said termite damage in the home was “widespread” and that the required repairs were “well beyond the normal maintenance upgrading that would be associated with a domestic residence”.

In the assessment report attached to the council’s refusal, senior planner Geoff Broadbent said the applicant had not provided enough evidence to prove the property was “structurally unsound”.

David Pemberton wants council to reconsider the decision to deny permission to demolish a house on Hume Street. Picture: Kevin Farmer

“The Baker Rossow report concludes that ‘the building is at risk structurally’ as opposed to a firm recommendation that the building is ‘structurally unsound’, which is required (in) the Neighbourhood Character Overlay code,” the report said.

“It is therefore recommended that the development application be refused in accordance with the reasons provided in this report.”

But in a statement to The Chronicle, Mr Pemberton said he provided more than enough proof to show demolition was the only solution.

David Pemberton wants council to reconsider the decision to deny permission to demolish a house on Hume St, Thursday, November 11, 2021. Picture: Kevin Farmer

“The applicant and the owner believe that the application, engineering and design plans, economic viability report and other information submitted to council provides sufficient detail for a reasonable person to conclude that demolition of the existing buildings is the only viable and economic option for this site,” he said.

“One does question, do more prominent developers encounter similar issues?

“As a result of this decision, the matter will now be lodged as an appeal to the planning and environment court.”

Mr Pemberton said he had attempted to have the matter escalated to a special council meeting, but this was refused.

He also contacted all 11 councillors, with one touring the property.

The council was contacted for comment on the matter.