Demo denied for century-old Subi theatre at ‘point of collapse’ (or not) ...

A dilapidated early-20th-century theatre on Subiaco’s main street has won a reprieve after a three-hour sledging match in which heritage conservationists and the council went head-to-head with development giant Sanur.

The inner-metro development assessment panel heard 22 presentations from the public, developer Sanur and City of Subiaco mayor, lawyers, engineers and planners on Tuesday.

The development panel sided with a large cohort of residents who presented to the meeting in support of retaining the theatre.Credit: City of Subiaco

Speakers for Sanur claimed hopes to save the 1912-built Hay Street theatre were “wishful thinking” as the building was “at the point of collapse”.

“In February 2021, I stood in front of the City of Subiaco Council and told them that these buildings were dangerous. No one believed me,” Sanur urban design consultant Malcolm Mackay said.

“I’ve since been vindicated by every single structural engineer who has looked at the buildings, all of whom agree they are dangerous.

“I’ve had far too many sleepless nights wondering whether tomorrow is the day of a collapse.”

If demolished, the site would be redeveloped as a retail precinct.

Mackay said the developer had done everything to “make Hay Street safe again” while the City had done everything it could to ensure the “public remained at risk”.

But the City’s lawyers hit back, vehemently denying claims the building was on the verge of collapse.

“The city has engaged experts who have provided data and reports … [demonstrating] that the buildings are not at an imminent risk of collapse and don’t require demolition,” Madeline Madvad of McLeods Lawyers said.

In 2021 the matter went before the State Administrative Tribunal where concerns about the structural integrity of the building and its facade were ruled out.

Sanur’s so-far thwarted concept for a planned retail precinct on Hay Street.Credit: Mackay Urban Design

Madvad said the findings of the tribunal then were still applicable and many of the heritage values of the building remained salvageable.

“The Tribunal preferred the evidence of the city structural engineer David Katz, who is still the city’s structural engineer, and in reliance on his evidence, the tribunal found that the remedial works for 440 Hay Street would reinstate the structural integrity of the facade and ensure long-term stability and durability,” she said.

“Since that time, David Katz’s opinion of these buildings has not changed; he still thinks that these are not at an imminent risk of collapse.”

Ultimately, the panel sided with a large cohort of local residents who presented to the meeting in support of retaining the theatre, voting 4-1 to refuse its demolition.

“I think it’s very clear that these buildings provide a significant contribution to the heritage fabric of the area,” panel member and City of Subiaco Councillor Simon White said.

“That is a black-and-white issue; it’s not something that’s slippery; it’s something that we can stand by.”

The sledging match started before the meeting even began after Sanur issued a statement Tuesday morning accusing the City had put the public at risk by removing protective boarding.

“The scaffolding contractor, which installed the structure, confirmed it shared Sanur’s concern at the City’s alteration to an engineered scaffold, which now left all counterweights and scaffold supports exposed to the public,” the statement said.

It said multiple structural engineers had advised the building was unoccupiable and a danger to public safety.

“Sanur believes the decision to remove the boarding the day before a DAP meeting that will determine the fate of the buildings is a last-minute stunt on the part of the City of Subiaco, and could constitute a breach of its duty of care as a local government authority.

“The City of Subiaco has done everything in its power to ensure the buildings remain in their current state, including misusing ‘heritage’ as a blanket anti-development tool to prevent development, rather than to ensure the feasible retention of the best of the past.”

In response, Subiaco Mayor David McMullen said multiple engineers and the State Administrative Tribunal had already determined the building’s integrity.

“Our staff don’t do stunts,” he said.

“They did, however, remove the boards yesterday to enable the Development Assessment Panel members to see the heritage buildings at a site inspection this morning.

“City staff and engineers are confident that the boards (which were on City land) didn’t serve any structural purpose; and their removal does not pose any safety threat to the community.”

Sanur is also actively seeking a demolition order through the State Administrative Tribunal.

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