New Heritage Protection Laws. Ten year ban on developments for illegal demolition sites.

Whilst there has been much attention focused on the atrocious behaviour of the ‘Corkman Cowboys’ and their illegal demolition of Carlton’s 160 year old Corkman Hotel, the State Government has finally acted on preventing any further such travesties by introducing new legislation into Parliament this month.

Balance Architecture is passionate about the protection of Heritage buildings and Architecture in both Melbourne and throughout Victoria (Andrew Fedorowicz, Heritage Architect FAIA, Principal Architect for Balance Architecture is available for consultation on all matters pertaining to Heritage.)

There are two articles to follow. The first discusses the new legislation being passed in Victoria, the second gives an up to date account of what has happened to the Corkman developers, and an indication of what those who transgress Heritage Laws in Victoria can expect in the future.


Victorian Government plans to block property development if owners unlawfully demolish heritage buildings

The Corkman Irish Pub in the inner Melbourne suburb of Carlton was controversially torn down over a weekend in 2016

The Victorian Government will introduce legislation into Parliament today which could stop development on a property for up to a decade if heritage buildings are illegally demolished.

The legislation will cover buildings that have been unlawfully demolished in full or in part and where the owners have been charged with unlawful demolition.

Victorian Planning Minister Richard Wynne said the legislation targeted developers who did the wrong thing.

“These new laws remove the financial incentive to illegally demolish buildings by potentially stopping development of the land for up to 10 years,” he said.

“This means that they can no longer expect to reap windfall gains from just selling or rebuilding on their land.”

New laws partly prompted by Corkman demolition

Mr Wynne said the legislation was, in part, prompted by the unlawful demolition of the 160-year-old Corkman Irish Pub in Carlton in 2016.

The developers who demolished the Melbourne pub were jailed for a month and ordered to pay more than $400,000 in fines and legal costs.

The Corkman Pub, formerly known as the Carlton Inn Hotel, was built in 1858.

Although it was not on the Victorian Heritage Register, it was covered by heritage rules.

The developers are appealing a contempt of court conviction and sentence.

The Victorian Civil and Administrative Tribunal (VCAT) yesterday amended an enforcement order over the Corkman site to require a park to be built there by April 30.
‘Stringent protection’ for heritage buildings

Mr Wynne said the Corkman demolition was “unprecedented in planning in the state of Victoria” and strong action to protect heritage buildings was needed.

“We must put in place the most stringent protections possible and we are getting that through this legislation,” he said.

“It does not only deal with the Corkman matter but other attempts by people whose motives may not be essentially about ensuring the heritage protection of their buildings.”

He said there had also been issues around so-called “demolition by neglect”, where people were not willing or able to pay the cost of maintaining their heritage buildings.

The bill will also enable existing permits to be revoked and allow for new permits to be issued for specific purposes, such as building a park or reconstruction or repair of the heritage building.

These new provisions are a significant strengthening of the current enforcement regime and are expected to act as a powerful deterrent to the unlawful demolition of buildings of heritage significance.

The minister said the reform complemented measures the Government introduced in 2017, which made it an indictable offence for a builder or person managing building work to knowingly carry out works without a permit or in the contravention of the Building Act, the regulations or their permit.

Source: abc.net.au


Corkman Pub demolition developers jailed for contempt of court

The site remains a mess today, more than four years after the pub’s demolition.

Developers who demolished a historic Melbourne pub have been jailed for a month and ordered to pay more than $400,000 in fines and legal costs.

Raman Shaqiri and Stefce Kutlesovski illegally demolished the Corkman Irish Pub in Carlton in 2016, and were sentenced after being found guilty of contempt of court by the Victorian Civil and Administrative Tribunal (VCAT).

The Melbourne City Council and State Government sought to have the men held in contempt for failing to comply with VCAT orders, which compelled them to clear the site so it could be transformed into a public park.

The men had previously pleaded guilty to breaching building and planning laws when they knocked down the 158-year-old pub.

For that, they were fined more than $1 million and also found themselves subject to legal action brought by the council and the Victorian Government.

At Wednesday’s VCAT hearing, the men were fined $150,000 and ordered to pay $250,000 in legal costs to the State Government and the council.

The Carlton Inn Hotel, on the corner of Pelham and Leicester streets, Carlton, in 1957. It was later known as the Corkman Irish Pub.

The men’s lawyer, Matthew Franke, said his clients were “extremely surprised” by the sentence and would seek leave to lodge an appeal.

“The company and its directors are surprised and disappointed by the Tribunal’s findings, particularly in circumstances where the prosecutors in this case did not seek a term of imprisonment, and stated in written submissions that the imposition of such a sentence would be ‘manifestly excessive’,” he said in a statement.
‘They have trashed Victoria’s heritage’

The State Government had originally wanted the developers to rebuild the Corkman, but that plan hit a snag when an enforcement order to do so was deemed “not legally sound”.

The Corkman Pub, formerly known as the Carlton Inn Hotel, was built in 1858. Although it was not on the Victorian Heritage Register, it was covered by heritage rules.

It was demolished over a weekend in 2016, a week after a fire was lit inside the building.

Planning Minister Richard Wynne said the developer “deserved this outcome”.

“They have trashed Victoria’s heritage, refused to build a park, and shirked their legal obligations at every step,” he said.

The Corkman Irish Pub, in the inner-Melbourne suburb of Carlton, was knocked down in October 2016.

Opposition planning spokesman Tim Smith also backed the VCAT sentence and called on the State Government to seize control of the property.

“The Andrews Labor Government must compulsorily acquire this site and turn it into social housing, public housing, or a permanent park so these cowboy developers don’t make a cent from their illegal activity,” he said.

Lord Mayor Sally Capp said the council and Government pursued the developer “in the public interest”.

“Today’s decision vindicates the court’s authority and sends a clear message that we won’t tolerate developers disobeying a court order,” she said.

“We look forward to seeing the site cleaned up and available for the public to enjoy.”

Source: abc.net.au


Balance Architecture recognises the importance of Historical Architecture. We specialise in the renovation and restoration of Heritage Buildings.

Legal Process halves Corkman Cowboys Fines on appeal.

The developers who demolished the Corkman Irish Pub in Carlton have now had their Magistrates Court fines for both the demolition (brought by the City of Melbourne and State Government in Melbourne Magistrates Court), and the dumping of asbestos in a paddock in Cairnlea (brought by the EPA in Sunshine Magistrates Court) halved.

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Let’s not gloss over the gravity of these actions. First, the demolition of one of Carlton’s oldest remaining heritage listed buildings under the noses of Council inspectors demanding the process cease, then the dumping of dangerous waste in a highly populated suburban neighbourhood, are both heinous transgressions of our accepted laws.

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The historic pub, in the inner-Melbourne suburb of Carlton, was knocked down in October 2016

 

The Corkman developers were represented by a very well known SC (Barrister) who is a leading legal advisor to many developers. The County Court Judge can only be guided by the letter of the law, not emotion. As such considering all factors, he has halved the fine.

This case demonstrates dramatically it is now time for a complete restructuring and for newer more appropriate regulations to be enacted and scheduled to protect Heritage buildings and overlays.

It is also time for Government to intervene in this case. It is high time that an appropriate precedent was set to ensure such vandalism never happens again without major punitive consequences. It would be appropriate in this case for the Government to enforce a compulsory acquisition of the property, preferably at Market Value pre demolition, deducting all fines and costs from the sale price. Alternatively, purchase the vacant land at land value as of the time of demolition, deduct all fines and costs from the sale price then build a memorial park to remind all that such travesties will not ever be tolerated again.

The next move on the part of Minister Wynne and the Planning Department will be immensely important. The Corkman Developers are significantly ‘cashed up’ and demonstrate a propensity to utilise legal subterfuge to slow down and subvert any punitive actions. If the Government can make amendments to its planning schedule and strategy to suit locations such as Booroondara, what’s to stop them putting a similar amendment through on this issue? – The ‘Corkman Amendment’.

Whatever happens, it’s imperative that these Developers are significantly financially disadvantaged by any sanctions applied by Government. It is ‘the’ test case as to the credibility of Richard Wynne as a Minister and the ability of his planning Department to control rampant uncontrolled development that is entirely at the expense of our Heritage.

Here is the article from Friday’s Age…

Fines cut in half for developers who demolished Corkman pub

The developers who illegally knocked down Carlton’s Corkman hotel have had their penalties for the demolition cut in half by the County Court from almost $2 million to $1.1 million.

The state opposition has demanded the Andrews government compulsorily acquire the site and also appeal Friday’s decision. Planning spokesman Tim Smith said the decision let “these cowboy developers get away with the heist of the century”.

Raman Shaqiri and Stefce Kutlesovski in October 2016 bowled over the historic Corkman Irish Pub without planning or building permission.

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Developer Raman Shaqiri whose Shaq Demolitions razed the historic hotel

The pair bought the pub for $4.7 million in 2015. Savills state director Clinton Baxter said the empty site was now worth between $8 million and $10 million.

Having knocked down 80 per cent of the 159-year-old pub on a Saturday in October 2016, they were ordered to cease demolition that night by Melbourne City Council. They ignored the orders and finished off demolition works on Sunday.

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Stefce Kutlesovski, one of two developers who had his fine for demolishing the Corkman Hotel cut in half.

“The community was outraged by the audacious manner in which the hotel was demolished,” Judge Trevor Wraight said in his ruling on Friday morning.

“They made a commercial calculation,” Judge Wraight said, which would allow them to build a 12-storey tower on the site once the historic pub was gone.

“They weighed up the potential penalties … with the potential profit that would result from development of the site, before going ahead,” he said.

“Indeed, despite the litigation, delay, and any loss of reputation, ultimately, the development will go ahead.”

He found the men had displayed no remorse for the loss of heritage on Carlton.

The pair were appealing fines levelled against them by the magistrates in Sunshine and Melbourne courts; they said the amounts they had been fined were too severe.

Judge Wraight agreed that the fines against the men by the Sunshine Magistrates Court, over charges brought by the Environment Protection Authority on asbestos dumping, had been “excessive”. So too were fines levelled against the men over charges brought against them by the Victorian Building Authority and Melbourne City Council on the illegal demolition.

He reduced the financial penalties from just under $2 million to $1.1 million.

The Environment Protection Authority, the Victorian Building Authority and Melbourne City Council – which had separately brought prosecutions against the two developers and their company – all said they were extremely disappointed by the decision.

Opposition planning spokesman Tim Smith called on the Andrews government to “appeal this decision which sends entirely the wrong message to the industry”.

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The rubble of the Corkman Irish Pub the day after it was illegally demolished.

He said Planning Minister Richard Wynne must also respond to calls from the Opposition and Melbourne University urban geographer Dr Kate Shaw to compulsorily acquire the Corkman site.

Mr Smith said this would mean “these cowboys do not profit from their unlawful behaviour”.

Mr Wynne has previously said compulsory acquisition would require the government to buy the site “at the market rate for its highest and best use” – which would see “taxpayer’s money to pay top dollar directly to these developers, which is hardly a just outcome”.

Both Dr Shaw and Mr Smith question whether this is in fact true.

Two weeks after the Corkman was demolished, Mr Wynne launched legal proceedings to force Shaqiri and Kutlesovski to “replicate the site immediately prior to demolition” if they wanted to redevelop.

“Any application for a permit for buildings and works on the site will require the restoration and reconstruction of the [pub] in its entirety in the form it was in prior to demolition,” he said.

But in May this year, Mr Wynne backed down and allowed the site to be developed with a tower on it up to 12 levels high, in return for the remaining wreckage there being cleared and turned temporarily into a park.

On Friday, Mr Wynne labelled Shaqiri and Kutlesovski “cowboy developers” and said the demolition had been “unforgivable and the community has a right to be outraged by it”.

He said the government would review the court decision and look “at what options are available to government”.

He said the government would not compulsorily acquire the site because it “would mean using taxpayer’s money to pay top dollar directly to the developers, which is hardly a just outcome”.

In 2017 in direct response to the Corkman demolition, Mr Wynne brought in tough new laws ramping up penalties for anyone who demolishes a heritage property.

Shaqiri, 37, was not in court on Friday; he did not attend last month’s court hearing because he was in Spain getting married. Kutlesovski, 43, declined to comment after the court case finished.

Source: theage.com.au

From the ABC…

During sentencing, Judge Wraight acknowledged the public anger the demolition had caused, but said it was up to Parliament to increase the penalties available.

“The community was outraged at the audacious manner in which the hotel was demolished by the owners without any consultation with the community,” Judge Wraight told the court.

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Raman Shaqiri (pictured) and Stefce Kutlesovski organised to have the pub hastily demolished on a weekend.

“It may be that the community — and possibly the sentencing magistrates in this instance — regard the available maximum penalties in relation to this conduct as inadequate.

“However, unless and until Parliament increases the penalties available, courts are bound by the prescribed penalty and must sentence in accordance with the proper sentencing principle.”
Developers made ‘commercial calculation’

Judge Wraight said he found there was little evidence of genuine remorse on behalf of Mr Shaqiri and Mr Kutlesovski.

“It was their decision alone to demolish the hotel,” Judge Wraight said.

“They made a commercial calculation and weighed up the potential penalties that they would face as a result of the deliberate breach of the law, with the potential profit that would result from development of the site, before going ahead.

“They clearly made that decision with forethought and planning as they needed to organise large machinery and employees to hastily bring down the hotel over the weekend.”

The chief executive of the Victorian Building Authority, Sue Eddy, said the authority was extremely disappointed in the outcome and the decision did not lessen the developers’ guilt.

“[The developers] did not have a building permit, had not applied for a building permit, and took it upon themselves to carry out dangerous demolition work without any regard to the state and local laws,” she said.

“With the building industry currently under intense scrutiny, it is vitally important to send a clear signal to all builders and developers that the VBA — and the community — will not tolerate illegal building work of any kind.”

“The VBA is concerned that today’s outcome promotes non-compliance as an optional cost of doing business for those who flout the rules.”

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The pub was known as the Carlton Inn Hotel in 1957

The Environment Protection Authority (EPA) fined the developers $7,500 in 2016, after it discovered some of the rubble had been found at a construction site at Cairnlea, in Melbourne’s north-west.

The developers were told they could not remove the debris because it contained asbestos and were ordered to cover it.

The chief executive of the EPA, Cathy Wilkinson, said she was disappointed with the reduced penalty.

“We believed this was a clear-cut case that showed blatant disregard for the environment and the community and deserved a substantial penalty,” she said in a statement.

“As the Judge found, this was a case where experienced developers knew better and showed little remorse for their actions and the community are right to feel aggrieved.”

Source: abc.net.au

Planning Minister Richard Wynne has said the Andrews Government would be reviewing the court decision and would consider changes to the law.

“Let’s make no mistake here, what these cowboy developers did is unforgivable and the community is outraged by it. If the current legislation does not meet community expectations we will strengthen it.”

Amen to that. Don’t leave it too long!

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Balance Architecture recognises the importance of the preservation of Historical Architecture. We specialise in the renovation and restoration of Heritage Buildings.

Heritage – It’s Worth Preserving and Protecting.

This week the Corkman Saga has gone decidedly quiet. When the Victorian Government announced its compromise deal with the property developers Raman Shaqiri and Stefce Kutlesovski, there was unquestionably massive outrage. For most people, the very idea that someone can knock down a heritage listed building with total impunity is just outrageous.

There is a groundswell of opinion crystallising right now that the developers should be forced to forfeit the land to the statutory authorities – the Victorian Government and the City of Melbourne. The simple fact is they “broke the law” as opposition Spokesman on Planning Tim Smith has stated.

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Any proposed forcible acquisition of the land will no doubt be costly given the punitive actions already taken by the current Government and the City of Melbourne. But in terms of establishing precedent, the Government simply cannot acquiesce to these developers. By not upholding heritage values here it opens the door to further rogue actions.

For your interest, here is the most recent article from the Age Newspaper, dated June 1st.

Push for state to forcibly acquire Corkman site from cowboy developers

Planning experts and the state opposition have demanded Planning Minister Richard Wynne compulsorily acquire Carlton’s Corkman pub site from the developers that illegally demolished the hotel.

They say the land could be taken by the state for its value as an undeveloped site, at millions less than the cost of its commercial value as a development prospect.

But Mr Wynne says compulsory acquisition would require the land to be purchased at its highest possible value – meaning it would cost Victorian taxpayers millions.

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Two and a half years after the Corkman was razed, the site is still full of rubble covered with tarpaulins and old tyres.

Mr Wynne and Melbourne City Council this week struck a deal with Raman Shaqiri and Stefce Kutlesovski, developers who knocked down the Corkman Irish Pub.

Under Mr Wynne’s deal, they must build a park on the site by November and can then redevelop part of the site up to 12 storeys.

The razed pub was built in 1858 and covered by heritage rules that restricted its redevelopment.

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The Corkman Irish pub in Carlton, built in 1858, as it was until it was illegally demolished in 2016.

Rather than work through the planning system to pull down the building, Kutlesovski and Shaqiri – who bought the pub in 2015 for $4.76 million – instead turned up one weekend in 2016 and simply bowled it over. The site has since sat fenced off and covered in rubble ever since.

Despite being fined almost $2 million dollars for their illegal actions (they are appealing the severity of these fines), the pair could still turn a profit by re-developing or selling the site.

As a development opportunity, the site was valued at $8-10 million in 2016.

Opposition planning spokesman Tim Smith demanded Mr Wynne take the land off the pair immediately: “They broke the law, they must not profit from doing so.”

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Developer Raman Shaqiri and his partner razed the historic hotel illegally.

Soon after the Corkman was demolished, Mr Wynne told Parliament the government would act to send a message “that you cannot snub your nose at heritage in this state”.

But Mr Smith said the planning minister had failed to keep his word, and must now send “a clear message that destroying heritage buildings will not be a profitable business in Victoria”.

He said while he would not normally advocate for forced acquisition, the flagrant disregard for heritage made it a special case.

Melbourne University geographer and planner Kate Shaw said under section 172 of the Planning and Environment Act the government could compulsorily acquire the land at its current, undeveloped value.

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Stefce Kutlesovski was the other developer involved in unlawfully knocking down the Corkman.

“It would send a very clear message that developers cannot get away with this nonsense, and the minister can legally acquire the site at its current, undeveloped value.”

Dr Shaw, an expert on international planning schemes, said “this kind of behaviour, particularly in northern Europe, simply would not be tolerated”.

A spokeswoman for Mr Wynne said the government’s deal with the developers meant they would rehabilitate the site so it can be used as a park. They could then “only build on with ministerial approval, following consultation,” she said.

Melbourne Law School lecturer Brad Jessup said the government could forcibly acquire the land but because of past threats to punish the developers would likely be forced to pay more.

Rod Duncan is an experienced planner who has advised previous planning ministers. He said the deal Mr Wynne had cut with the Corkman’s owners appeared to be “waving the white flag to rogue developers”.

He said the planning act gave the minister “formidable power” to unilaterally change controls, and could be used to send “clear messages to offenders and reassure the public”.

“Any outcome that rewards, rather than rebukes, the offenders sets a dangerous precedent.”

Source: theage.com.au

On another note, several weeks ago we were considering the preservation and restoration of the former ES&A Bank building on Clarendon St South Melbourne (Cnr of Bank Street.)

Principal Architect for Balance Architecture and Interior Design, Andrew Fedorowicz, previously supervised the refurbishment of the Moonee Ponds branch of the same bank we featured in the images supporting the story. It provides a great illustration of just how such a building can be restored to its former glory. In this case, the former bank was converted to an upmarket business premises.

It is worth noting that the heritage decor it timeless and the property has continued to appreciate in value remarkably compared to other real estate available in the same market sector.

Here for your viewing pleasure are images of the project.

Heritage isn’t a peculiar hobby for bored historically inclined people. It’s the genesis of our society, the look, the feel, the fabric of our great city and states – the vistas we look out upon day by day. It’s a reminder of our past yet much of it was designed to last for millennia.

Heritage values and protection – the buildings, the locations, the lavish and not so lavish interiors we need to protect for posterity, for future generations. It is simply non-negotiable.

We commend the National Trust and the Heritage Council of Victoria for their ongoing work in both protecting our valuable heritage and in making much of it available to the public.

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Balance Architecture recognises the importance of the preservation of Historical Architecture. We specialise in the renovation and restoration of Heritage Buildings.

Corkman cowboys get a leave pass! Heritage dishonoured again.

In what appears to be a significant backdown by the Victorian Planning Minister Mr Richard Wynne, his Department and the City of Melbourne, an extraordinary deal has been struck with the Corkman pub’s developers, Mr Ramen Shaqiri and Mr Stefce Kutlesouvski.

The partners will no longer be forced to rebuild the entire hotel to its original condition using the original materials.

Instead they must commence their planned development with a height allowance of 12 storeys prior to 2022.

They must also clear the current site of rubble and detritus by the 30th of November 2019 and create an ‘informal outdoor recreation area’ as an interim solution prior to the commencement of construction – serious?

The proviso is that this ’12 storey development’ must be set back from the street on the parts of the site where the original pub stood. Keep in mind this is a 460sq m site!

Corkman cowboys cut deal with minister and city council on pub site

The developers who unlawfully demolished Carlton’s Corkman Irish Pub in 2016 have reached a deal with the Andrews government to clear the site and temporarily turn it into a park by the end of November.

But the pair stand to profit from knocking down the 158-year-old pub without permission, because under the settlement reached with Planning Minister Richard Wynne and Melbourne City Council, they now have three years to re-develop the site – with a tower up to 12 levels high.

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The Corkman’s remains on Wednesday

Some of the wrecked pub’s remains have sat untouched for almost three years, piled roughly beneath tarpaulins installed under duress by the developers soon after they demolished it without warning on an October weekend.

A hearing before the state planning tribunal was due to start on June 3, with Mr Wynne seeking an order to rebuild the two-level pub, which had stood on the corner of Leicester and Pelham streets in Carlton since 1858.

Before the hearing began though, Mr Wynne and the city council reached an agreement with the developers who knocked it down, Raman Shaqiri and Stefce Kutlesovski.

The agreement means that Shaqiri and Kutlesovski have agreed to clear the site and, by 30 November, build an “informal outdoor recreation” area on it.

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Raman Shaqiri at court in 2018

The pair then have until 2022 to redevelop the site in a form approved by the planning minister.

The planning rules Mr Wynne has set for the site – after he was forced to back down from earlier more aggressive rules on the 460-square-metre piece of land – allow a tower of up to 12 levels to now be built. Under those rules, any new building must be set back from the street on the parts of the site where the now-demolished historic pub once stood.

But the rules would allow a highly profitable development to still be built on the site. Mr Wynne was forced to back down on his earlier, much tougher rules for the site because the planning system cannot be used to punish rogue developers and owners.

If the pair do not begin re-developing the site by mid-2022, they will be forced to rebuild the external parts of a two-level pub “as nearly as practicable to the condition they were immediately before their unlawful demolition”.

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The Corkman Irish pub in Carlton, built in 1858, as it was until its illegal demolition in 2016

Shaqiri and Kutlesovski, who bought the pub for $4.8 million in 2015, pleaded guilty in the Melbourne Magistrates Court this year to knocking it down illegally.

They have been fined $1.3 million by the courts, along with an earlier $600,000 penalty via an Environment Protection Authority prosecution for failing to deal with asbestos from their illegal demolition. They are appealing the severity of the latter fine.

The pub’s demolition led the Andrews government to bring in much tougher penalties on developers and builders who illegally demolish buildings without proper planning approvals. But those tougher laws do not apply to the Corkman pair.

Mr Wynne said the government had taken action to ensure the site was “given back to the community” and continued to be a space the public could enjoy.

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Stefce Kutlesovski at court in 2017

“These cowboy developers have already been subject to record fines,” he said. “This order requires them to make good on the site and sets strict controls on any future developments.”

The chair of Melbourne City Council’s heritage portfolio, Rohan Leppert, said the order meant the site would be cleaned up and made available for the public.

“We are looking forward to seeing action on the site and will be watching progress closely,” Cr Leppert said.

Neither Shaqiri nor Kutlesovski could be reached for comment.

Two law students, who were studying at Melbourne University when the demolition occurred, launched the original planning tribunal action against Shaqiri and Kutlesovski. (The university’s law school overlooks the pub site.) On Wednesday, Duncan Wallace and Tim Matthews Staindl said they were disappointed the planning minister and the city council had reached a deal with the men.

Both have since graduated, but had vowed to see through the case because they were so appalled by the way in which the pub, which they drank at regularly, was destroyed.

The pair said the settlement opened the door for Shaqiri and Kutlesovski to profit from having demolished the pub.

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The pub under demolition in October 2016. The works were completed by Shaq Demolitions, a company part-owned by Raman Shaqiri.

“Developers across Victoria will be breathing a sigh of relief with this outcome,” they said, in a written statement.

“A hearing in this case could have served as a useful legal precedent for future heritage cases and sent a message that, in Victoria, cowboy developers cannot profit from their illegal activity.”

They cited a case in London where the courts ordered the full rebuild of a pub demolished in near identical circumstances. “This was an opportunity to follow that example,” the pair said.

The National Trust’s chief executive Simon Ambrose said it was disappointing that the future of the site was still uncertain. “If this is the best we can do under our current laws, we need to change them,” he said.

Source: theage.com.au

It would appear that the compromise is that they reconstruct the façade of the hotel – if they do not commence construction by 2022. There is some doubt as to their ability to do so given an expenditure to date of at least $6.1 million not including legal costs or outgoings. The apartment market is anything but buoyant so there may well be some method behind this apparent madness.

From our position, this is an unsavoury back down. The initial position taken by the City of Melbourne and Planning Minister Mr Richard Wynne was entirely correct. This compromise appears to be purely legal manoeuvring by the developer’s very competent QC Barristers Mr Stuart Morris and Mr Nick Papas and to a large extent, it would appear to be successful on their behalf.

It is not a successful outcome for Victoria’s Heritage and its protection from unscrupulous developers. As the ‘law students’ quoted in the article noted, this is a terrible message to developers.

The result, the punitive measures and the precedent set must be clear and unambiguous – Heritage is precious. It must be preserved at all costs.

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Balance Architecture recognises the importance of the preservation of Historical Architecture. We specialise in the renovation and restoration of Heritage Buildings.

Touring Melbourne’s Heritage homes – Corkman pair receive massive fine.

The Corkman Pub developers have been fined a further $1.3 million for recklessly demolishing the heritage hotel in Carlton even after being ordered to stop. This set of fines is on top of $600K imposed last year by the EPA.

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Contrary to what various commentators have said here over the last few months, the company cannot sell the site. It has an enforceable order requiring the full restoration of the hotel using the original materials placed on it by the City of Melbourne and backed by the State Government Planning Department. To date the developers have caved in at each milestone, both pleading guilty to the knocking down and demolition of the Hotel. It is expected that their appeal against the ruling will fail.


Heritage Homes are delightful, but it is imperative you engage a skilled heritage architect if you are fortunate enough to purchase such a home. Quite simply, merging building and engineering techniques of the late 19th Century with today’s requirements requires experience, vision and expertise. Andrew Fedorowicz, Principal Architect with Balance Architecture is a fellow of the Architects Institute of Australia. Andrew is more than happy to meet with you to discuss your needs and future projects.

Enjoy our tour courtesy of raeen99 [through the suburbs of Melbourne.

“Hepburn Terrace” – East Melbourne

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Located in East Melbourne’s George Street, “Hepburn Terrace” is a well-preserved, symmetrical group of six rendered brick two storey terraces designed by the architects Austin and Ellis for Robert Hepburn and built in stages between 1855 and 1872. 201 (seen to the left of the photo was the first built in 1855). 203 (seen to the right of the photo) was built in 1867.

Constructed on bluestone foundations, all the houses that make up “Hepburn Terrace” share similar architectural details and matching cast iron two-storey balustrading. The dwellings are wide with three full height windows to the upper floor and entry with two double hung windows to the ground floor. “Hepburn Terrace” presents an intact frontage, with all lacework, cast iron fencing, bluestone plinths and, in some cases, front door handles, in place and quite sound. Numbers 199 -203 present quite a different design to Numbers 205 – 209, reflecting the seventeen year gap in their construction. The former are slightly smaller, and tend to the more austere, unembellished approach of the earlier Victorian era. The fine bluestone piers and cast iron fences are intact the length of the Terrace.

Heronswood Historical House and Gardens – Dromana

 

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Heronswood historic homestead was seriously damaged by fire in January 2014. The then existing Café was destroyed and the house slightly damaged. Full restoration has occurred since.

The first law professor at Melbourne University, William Hearn, employed Edward Latrobe Bateman to design Heronswood house in 1866. The property’s name was probably derived from Hearn’s family motto, the heron seeks the height, or his family crest, on a mount vert, a heron. Or it could be a contraction of ‘Hearn’s wood’.

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The architectural style of the house, which was completed in 1871, is Gothic Revival. It is made from coursed, squared granite blocks quarried at Arthur’s Seat. The windows, doors and corners are dressed with limestone from the southern end of the peninsula. It features many medieval-inspired elements such as the bell-cast roofs covered in Welsh slate, pointed lancet windows, and buttressing on the front porch.

Billilla Historical Mansion – Brighton, Melbourne

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Billilla Historic Mansion, which was the former the home of the Weatherly family, is a beautiful heritage property incorporating a stately formal garden and the magnificent historic house.

Billilla, at 26 Halifax Street, Brighton, is one of Melbourne’s few remaining significant homesteads. The mansion was built by merchant Robert Wright in 1878 on land which had originally been owned by Nicholas Were. The house has a mixture of architectural styles, featuring a Victorian design with Art Nouveau features. With exquisite formal gardens, which retain much of their original 19th Century layout, the property was owned by the Weatherley family (whom named it Billilla) from 1888 to 1972.

Billilla retains many original Victorian elements and a number of outbuildings still stand to the rear of the property including the butler’s quarters, dairy, meat house, stable garden store and coach house.

Billilla was used as a backdrop in the Australian 1980 Channel 10 miniseries adaptation of Sumner Locke Elliott’s “Water Under the Bridge”. It was used at the Sydney harbourside home of Luigi, Honor and Carrie Mazzini.

“Westbourne” a Late Victorian House – Rucker’s Hill, Westgarth

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“Westbourne” is a large late Victorian solid double red brick and stone house built on Rucker’s Hill in the Melbourne suburb of Westgarth in 1889.

Named after Westbourne Grove, the street in which the house was built, “Westbourne” (number 95.) was owned by Mrs. Catherine Oliver, a well known local abbattoir owner. Catherine Oliver purchased the corner site at 95 Westbourne Grove (then in the suburb of Northcote Hill), in 1889 and built the two storey solid brick residence, using red face brickwork and stucco dressings. She lived there until the late 1920s.

Today the house has been sympathetically subdivided into a number of smart luxury townhouses.

Westbourne Grove was created with the subdivision of William Rucker’s estate on Rucker’s Hill. The Union Bank created a number of roads across the former estate including Westbourne Grove, Hawthorn Road, Bastings Street and Mitchell Streets.

The land in Westbourne Grove was further subdivided in 1884 with the creation of the Bellevue Park Estate. Westbourne Grove became a popular address with prosperous local business people including timber merchant Alex Munro who lived at No. 92. – a neighbour to Mrs. Oliver.

Chastelton – Toorak

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“Chastelton” is an immaculately restored two storey Victorian Italianate mansion nestled away in a quiet beech tree lined street in the exclusive Melbourne suburb of Toorak.

Symmetrical in design with large bay windows either side of a colonnade entranceway with a patterned entablature, “Chastelton” has a wonderful tower which provides impressive views of the surrounding suburbs, the Yarra River and the Melbourne city skyline. “Chastelton” sits amid lush grounds of manicured lawns surrounded by European species of plants and many well established trees. The entrance is approached by way of a semi-circular gravel driveway.

“Chastelton” is a boom period mansion and was completed in the late 1880s.

“Park Lodge” a Victorian Mansion – Moonee Ponds

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Built in the 1880s, “Park Lodge” is a very grand asymmetrical Victorian mansion situated in the finest section of the inner northern Melbourne suburb of Moonee Ponds.

Built of polychromatic bricks, “Park Lodge” has a wonderful verandah and balcony adorned with elegant cast iron lacework. The roof is made of slate tiles with metal capping. The brown and yellow bricks are constructed in a profusion of geometric designs, which even make the wall treatment a great feature. Even the chimney is built of polychromatic bricks. Perhaps its most outstanding features are the distinctive French inspired Second Empire mansard roofed central tower which bears “Park Lodge’s” name in a cartouche over the upper floor windows. This feature makes the property stand out for miles around.

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Sadly, the original grounds of “Park Lodge” have been lost in the years since it was built, no doubt a victim to the Melbourne property bust of the 1890s. The widening of the road onto which it faces has also encroached upon its boundaries as has the widened railway line. Nevertheless, the current owners have made the most of the space they do have, planting a formal Victorian style garden in keeping with the house’s age. It features a range of topiaries and small hedges. The whole garden is enclosed by an ornate wrought iron fence.

Call now on 0418 341 443 for a free, no-obligation site consultation. Or leave your details here

It’s time to enjoy the best of the past with exceptional modern comfort. Balance Architecture – protect your valuable investment.

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Balance Architecture recognises the importance of the preservation of Historical Architecture. We specialise in the renovation and restoration of Heritage Buildings.

The City of Melbourne Acts to Protect Heritage

The City of Melbourne Planning Department has seen two recent results that provide some measure of support for Heritage Values in the CBD and near city environs.

In Carlton, the Corkman Pub demolishers have pleaded guilty to illegally demolishing the 159 year old pub and will likely face fines of $388,000 each as well as their company also being fined some amount.

In another move, the City of Melbourne has successfully applied to deny Singapore Developer Michael Kum’s plans to turn the historic Equity Chambers located at 472-478 Bourke St into another CBD hotel.

First the Corkman Saga.

From the Age 29.01.2019

Corkman cowboys plead guilty to illegally knocking down Carlton pub

The developers who knocked over Carlton’s Corkman Irish Pub in 2016 without planning or building permission have pleaded guilty to its illegal destruction.

Raman Shaqiri and Stefce Kutlesovski appeared before the Melbourne Magistrates Court on Tuesday.

They and their company 160 Leicester each face fines of $388,000 for their demolition of the pub that was built in 1857.

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The Corkman pub in 2015

The pair admitted on Tuesday to having knocked down without permission the 159-year-old building, which was not heritage listed but that sat within a protected historic area.

Instead of applying to Melbourne City Council to raze the pub, the pair – led by Shaqiri, a licensed demolisher – instead simply bowled it over one Saturday in October 2016.

The court heard the pair were ordered to stop by Melbourne City Council’s building inspector late that Saturday afternoon, after about 80 per cent of the demolition was complete.

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The demolished remains of the Corkman pub

Despite this, they returned the next day to finish off the illegal works.

Soon after the pub was knocked down, Planning Minister Richard Wynne brought in new laws making jail time possible for people found guilty of illegal building works in Victoria.

Corkman Irish Pub opposite Melbourne University’s law building has been demolished after being sold to a local developer for $1.56 million above its reserve in 2014. (Video courtesy: Francisco Ossa)

Those laws do not affect the Corkman pair, who are only liable for financial penalties.

The penalties, to be handed down next month, follow almost $600,000 in fines they were ordered to pay last year after the Environment Protection Authority prosecuted them for the illegal dumping of asbestos and for failing to secure the site next to the University of Melbourne’s law school.

The pair later indicated they would appeal those fines.

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Raman Shaqiri leaves the Magistrates Court in 2018

Raman Shaqiri leaves the Magistrates Court in 2018.Credit:Joe Armao
While the Carlton site has lain dormant since the late 2016 demolition, another site developed by a company the pair own, at the corner of Brunswick Road and Lygon Street in East Brunswick, has seen a nine-level apartment building completed.

Barrister Nicholas Papas, QC, appearing for Mr Kutlesovski on Tuesday, agreed that his client had failed to get “appropriate permits” before knocking down the pub.

The two developers bought the pub for $4.8 million in 2015.

After the 2016 demolition, Melbourne City Council joined with the planning minister to seek an order compelling the pair to rebuild a version of the pub using whatever materials could be salvaged from its wreckage.

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Developer Stefce Kutlesovski leaves the magistrates court in 2018

Legal wrangling has seen a hearing over that order delayed, but it will now be heard by the state planning tribunal in June.

A fire was deliberately lit in the Carlton pub, once called the Carlton Inn, a week before it was illegally demolished.

After a public outcry over the demolition, both Kutlesovski and Shaqiri initially promised to rebuild the pub immediately.

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Soon after they reversed this position, and ever since have made no commitments to do anything on the site, and have used the courts to delay actions against them.

Sentencing of the men has been adjourned until February 20.

Source: theage.com.au

To date the developers are facing fines in the vicinity of $1.6M. As well they have been ordered to rebuild the hotel using the original materials, incorporating all the original features and details where possible.

In the second issue, the developer seemingly had ‘slipped under the radar’ with his company’s purchase of the Equity Chambers located at 472-478 Bourke St in June 2017. Upon applying to re-model it and incorporate it into plans for a multi-storey hotel, the council decided not to permit the planned development.

Again from the Age, 30.01.2019.

Bourke Street hotel hits planning hurdle

Singapore tycoon Michael Kum’s plans to expand his hotel holdings in Melbourne hit a planning hurdle earlier this year after authorities rejected his bid to amend a permit to build a hotel in the historic Equity Chambers in Bourke Street.

Mr Kum’s M&L Hospitality paid $30 million for the inter-war Equity Chambers office at 472-478 Bourke Street in June 2017, a purchase which at the time slipped under the radar.

The heritage-listed, Romanesque style, six-storey building has an elaborate portico, foyer, coffered ceilings and rooftop terrace.

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An amendment to the original planning permit changed its use into a hotel and office plus 151 apartments.

It was built in 1931 on the site of Melbourne’s first synagogue.

M&L Hospitality purchased the property with an existing planning permit allowing for the partial demolition and development of a residential extension, taking the building to 17 levels with 215 apartments.

An amendment to the original planning permit approved in May 2018 changed its use into a hotel and office plus 151 apartments, but also included – significantly – some stringent setbacks.

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The new setback controls require Mr Kum’s company to alter its plans and remove three hotel rooms from level 5 and an outdoor terrace on level 6.

The Singapore-based real estate billionaire, whose wealth was originally acquired in shipping, objected to the change and made a bid in Victoria’s planning tribunal to delete the new conditions requiring the setbacks.

Melbourne Council maintains the setbacks were needed for the hotel plans to comply with mandatory requirements in its planning scheme.

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Victorian Civil and Administrative Tribunal member Philip Martin ruled in favour of the council but said the case involved a “very complicated and challenging area of the CBD planning controls”.

“Hence it is clear to me that there is no ‘black and white’ answer to this dispute,” Mr Martin said.

M&L Hospitality said it would abide by the ruling and not appeal the decision. Further planning was underway and the company would push on with building the hotel, it said.

Industry data from STR shows Melbourne’s hotel room supply rose 2.5 per cent over the year to last August with a corresponding 1.8 per cent rise in demand.

Revenue per available room – the industry metric for judging performance – rose 1.3 per cent to $151.18 over the same period. Since then the city has hosted the Australian Open tennis tournament, which usually fills hotel rooms to bursting.

M&L’s website lists a portfolio of 18 upmarket hotels in Singapore, Australia, New Zealand and Europe largely managed by Hilton, as well as Australia’s biggest hotel, the recently enlarged Hyatt Regency at Darling Harbour in Sydney.

Its Melbourne property at 270 Flinders Street operates under the DoubleTree by Hilton brand.

Source: theage.com.au

Balance Architecture is also now privately reviewing the building located at 1 Victoria Ave Albert Park. Current plans for the building and site see its imminent demolition and the construction of a four storey glass structure. The ‘Don’t Destroy Albert Park’ group believe the proposed building is significantly out of character in this existing heritage precinct, as does Port Phillip council. The Developer has appealed the matter to VCAT and a hearing is scheduled for March 18th in an attempt to overturn Council’s decision.

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1 Victoria Ave Albert Park

You can find more detail here https://www.dontdestroyalbertpark.com.au/ and if possible you could add your support to their campaign.

Victoria Avenue is an iconic heritage shopping strip with many old and beautiful buildings as is nearby Bridport St with the famous Biltmore hotel.

Developers have gradually crept up the Clarendon St Hill and have now began to purchase on and within the Emerald Hill and Albert Park estates.

St Vincent’s Place remains sacrosanct but on its edges there are some very unsightly developments. Major multi-storey developments have now extended to Dorcas St with spot developments such as the 1 Victoria Ave proposal providing an entree of what is likely to come.

Next week we will provide a detailed report on the project and similar such activity in this heritage overlay area.

Heritage – What does it really mean – a visual reminder

Heritage listing is much more than acknowledging a structure’s antiquity. Modern buildings from the ‘50s right through until the early years of the new millennium have been accorded Heritage status. And it appears that there are those among us who flaunt these classifications and destroy such buildings purely for profit.

We are all probably aware of the devastating vandalism wrought on Carlton’s Corkman Hotel by two such unscrupulous ‘developers’. Already subject to significant fines, both developers now face further major punitive actions.

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Here is a less well known case from the Apple Isle – Tasmania. In Hobart, Mount Stuart has long been a well known and popular suburb. Hobart was first established in 1804 at the mouth of the Derwent River, a year after the establishment of nearby Risdon Cove (on the other side of the Derwent in 1803).

Mount Stuart was originally established in 1836 when the unpopular Governor George Arthur was returned to England aboard the ship Mountstuart Elphingstone. Two roads were named in celebration of the colony ridding itself of the Governor and the reversal of his many unpopular laws at the time. The roads were Elphingstone Rd and Mount Stuart Rd. Mount Stuart Town eventually covered much of West Hobart. It was absorbed into Hobart Town around 1908.

In the 1890s, a rather interesting home was constructed at number 55 Mount Stuart Rd. With breathtaking views across the Derwent it was always a sought after property. By the year 2016, it was somewhat run down but quite able to be tastefully restored. Two trees planted on the 1406 square metre block and the actual building in total carried heritage listing. When the property came up for sale in 2016, the Heritage listing, the restrictions the listing imposed and the detailed report on asbestos contamination were all carefully documented for prospective buyers.

The successful purchaser, a Mr Darko Krajinovic decided to ignore these conditions and restrictions. The result? On a property he purchased for $445,000 he has been fined $225,000. He has also been billed $60,000 for the asbestos clean-up program required after his rather amateurish demolition job. Now, having lost his appeal against the fine imposed he will be subject to further costs as the demolition is completed.

A rather fool-hardy enterprise, one that should have would be cowboy developers in Tasmania rethinking their get rich quick schemes.

You can read about it here…

Mount Stuart house owner fined $225k for demolishing heritage home, creating ‘clouds of asbestos’

A Tasmanian man who deliberately demolished his heritage-listed house has been fined $225,000 and ordered to pay legal costs to the Hobart City Council.

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Darko Krajinovic, 32, demolished the Mount Stuart house and outbuildings, which contained asbestos, without a permit.

He also cut down two trees listed as significant to develop four townhouses on the land.

In the Hobart Magistrates Court, he was convicted of nine separate offences and ordered to pay the fine, which is significantly less than the maximum penalty of $353,000.

Magistrate Simon Cooper said Krajinovic displayed “spectacular disregard” for planning laws and the safety of his neighbours when he demolished the house and outbuildings.

“I’m told that clouds of asbestos floated across to neighbouring properties,” he said.

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The court heard Krajinovic was visited several times on the day of the demolition by council officers.

The officers and police had been alerted by neighbours that he was cutting down the trees and using an excavator to demolish the outbuildings.

Krajinovic told a neighbour: “I’m sick of everyone around here telling me what to do. It’s my place and I can do what I want.”

Mr Cooper took into account Krajinovic’s early guilty plea but said that the penalty needed to reflect that he had committed a “very serious offence indeed”.
Penalty sends strong warning, council says

The council’s general manager, Nick Heath, said the council was satisfied with the penalty and the case should serve as a “strong warning” and deterrent.

“Mr Krajinovic’s actions in destroying his property and removing heritage-listed trees are unacceptable and were an act of blatant destruction with no regard for the safety of others,” he said.

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Darko Krajinovic was convicted of nine separate offences.

“We are aware that this matter caused severe distress to many in the community which is understandable, and one of the reasons why the council vigorously pursued this matter.”

In 2015 the State Government removed the option to ban reckless developers from continuing with any work for 10 years.

Mr Heath said the Council would lobby to have that power reinstated.

“There’s a report that’s been asked for by the council to look at what penalties besides just monetary penalties ought to be imposed on developers,” he said.

“Unfortunately at the moment the way the law is it’s only monetary penalties that are available, but going forward I think we’ll have some strong discussions with the Government to make it even harder on developers who blatantly breach the law around development and demolition in the city.”

In the meantime there is an application before the council to continue the demolition of the house.

Mr Heath said the planning authority would work with Krajinovic to ensure some of the site’s original significance was restored.

Krajinovic’s neighbour Geoff Wylie said he wanted the land cleaned up as soon as possible.

“If there’s not something done shortly, it’s going to become an eyesore. It’s going to become a fire hazard,” he said.

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Source: abc.net.au

Melbourne has already lost many extraordinary buildings to unscrupulous development. Consider this, in Melbourne CBD there are only 3 buildings that predate 1850. Melbourne was established in 1835.

The 1850s Gold Rush saw a flood of money pour into old Melbourne town, replacing the earlier buildings with some of the grandest buildings in the world at the time. But where are they now? Take a look here at some of what we’ve lost and some of what has replaced those grand and beautiful buildings that have been demolished.

It may just provide some readers with the perspective required to understand heritage listing… Then again, it may not.

Melbourne’s Wonderful Demolished Buildings

THE FINKS BUILDING

276 Flinders Street

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When built in 1880, this office block was Melbourne’s tallest at ten stories. In 1897 it, and most of the block of Finders Street that it stood on, was destroyed in a fire, one of the worst the city has seen. Only the facade was left, although the building was considered such an icon that it was rebuilt. In 1967 it was finally demolished outright. Present day, this stands in its spot:

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MELBOURNE FISH MARKETS

Flinders St, between King and Spencer Streets

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Of all of Melbourne’s vanished buildings, this one is probably the most spectacular. Built in 1890, for more than 50 years this was used as a commercial market for fish and other fresh produce. In the lead up to the Olympic games in 1956 it was decided to demolish a number of Melbourne’s older buildings in order to ‘modernise’ the look of the city. Sadly, incredibly, this was one of the buildings to go, although the demolition was not completed until 1959. It was replaced – sadly! incredibly! – with a carpark… the block now also shared by a nondescript office building:

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THE FEDERAL HOTEL AND COFFEE PALACE

555 Collins Street

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Built in 1888 to coincide with the Melbourne Centennial Exhibition (marking 100 years of Australian settlement), this was once one of the largest and most opulent hotels in the world. The first two floors housed impressive dining, reading, smoking and billiard rooms, with the remaining 5 stories given over to luxurious guest rooms. The interior was so impressive that the building became a tourist attraction in its own right:

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As an added historical footnote, the hotel was also conceived as a ‘Coffee Palace’ as part of the 19th century temperance movement. No alcoholic beverages were served at the hotel when it was built, which was something of a fad at the time, as public drunkenness was perceived as a serious problem. This wonderful piece of architecture and history was demolished in 1973, the site sold for redevelopment. Pleas to have it saved as a heritage building were ignored by the Government of the time (there was no heritage protection legislation as we know it today). It was such a popular local landmark that thousands of people turned out to watch it go. This dreary brown box was built in its place:

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THE MENZIES HOTEL

140 William Street

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Built in 1867 to accommodate the visit of the Duke of Edinburgh, the Menzies was another of Melbourne’s most impressive luxury hotels. Among the famous guests who stayed there; Sarah Bernhardt, Alexander Graham Bell, Mark Twain (who helped stoke the hotel boilers as part of his fitness regime), Herbert Hoover and General Douglas Macarthur. In 1969 it was demolished to make way for, the admittedly pretty stylish, BHP Plaza:

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WOOL BROKING PREMISES

111 Williams Street

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Built in 1891 for the John Sanderson company, this block length building showed exactly how important the agricultural industry was in fledgling Australia. Demolished in 1969 to make way for the AMP Building, which is itself currently under redevelopment:

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SCOTT’S HOTEL

444 Collins Street

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Built in 1860, and substantially remodeled between 1910 and 1914, Scott’s hotel enjoyed a reputation for supplying some of Melbourne’s finest food and wine. Dame Nellie Melba and English cricket legend W.G.Grace were two among many notable people who stayed at the Scott, which was also a favourite haunt for local racing identities. Sold to the Royal Insurance Co in 1961, when it was Melbourne’s oldest continuously operating hotel, the building was demolished to make way for another in a series of drab office blocks (to the right of this picture):

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THE ORIENTAL BANK

Corner Queen Street and Flinders Lane

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Built in 1856 when the twenty year old city was still finding its feet (note the muddy track that is Queen St in the above photo), this Greek temple themed design was the product of a competition held by the bank among Melbourne’s architects. Unfortunately, the bank itself would go out of business in 1884, and this building was demolished shortly afterwards. The same spot today:

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THE APA TOWER

Corner of Collins Street and Queen Street

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A great example of Melbourne’s art deco heritage, the tower was added to this already existent building in 1929, making it the city’s tallest for 30 years. Taken over by the firm ‘Legal and General’ in the 1950s, it was demolished in 1969 when they wanted a more up to date, and considerably less stylish, headquarters:

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COLONIAL MUTUAL LIFE BUILDING

316 Collins Street

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The ‘Equitable Company’ set themselves the ambition of constructing ‘the grandest building in the southern hemisphere’ for their Melbourne headquarters. Which, with a five year construction and £500 000 price tag, this wonderful building may well have been. Taken over by Colonial Mutual in 1923, it would serve as their grand offices for thirty years. But high maintenance costs and outdated fixtures made the company want rid of it by the 50’s. A bland office block stands in its place today, with the logo ‘CML’ emblazoned across its street level pillars, to remind people of what once was:

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THE AUSTRALIA BUILDING

43-45 Elizabeth Street

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The world’s third tallest building, at 12 storeys, when it was constructed in 1889, this building dominated Melbourne’s skyline for decades. At one time visible from anywhere in the city, the Australia Building was also the first tall building to employ mechanical lifts (powered hydraulically by high pressure water pumped from the Yarra). In 1980 its distinctive red facade and ornate roof was demolished to make way for this:

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THE EASTERN MARKETS

Exhibition Street between Bourke and Little Collins Streets

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Established in 1847, the Eastern Market was embryonic Melbourne’s principal fresh produce market for thirty years, before being superseded by the Queen Victoria Markets in the 1870’s. The Eastern market survived for nearly another 100 years, however, operating as a flower market and tourist attraction. The markets were demolished in 1962 to make way for the uniquely stylised ‘Southern Cross Hotel’:

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The ‘Southern Cross’ was undoubtedly one of Melbourne’s most striking buildings, although it attracted as much vitriol as admiration. Famous guests of the hotel included; The Beatles, Marlene Dietrich and Judy Garland. Frank Sinatra stayed there during his infamous 1974 tour of Australia, when he created a storm by referring to local female journalists as ‘hookers.’ And both the Brownlow Medal and the Logies were hosted in its function rooms. In 1999 it was sold off and slowly demolished, with the site sitting vacant for several years. The location is now occupied by this, considerably less flamboyant, mixed use building:

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THE TIVOLI THEATRE

235 Bourke Street

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Very few pictures or drawings remain of the Tivoli Theatre. When it opened in 1901 (from a design by William Pitt) it was originally named ‘Harry Rickards’ New Opera House’, after it’s first owner. The theatre presented a variety of live entertainments, including music, comedy and vaudeville. Harry Houdini,W.C. Fields and Chico Marx are among the famous names who performed there.

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Sold by Rickards in 1912, it was renamed the Tivoli shortly after and continued to present live entertainment right through until the 1960s. Converted in that decade to a cinema, the fate of many of Melbourne’s old theatres, the building was destroyed by fire in 1967. The ‘Tivoli Arcade’ stands on the site today:

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THE QUEEN VICTORIA BUILDINGS

Swanston Street, Between Bourke and Collins Streets

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Built in 1888, the Queen Victoria Buildings ran the length of the block on Swanston Street, opposite the town hall. A rare local example of French Second Empire architecture, the elaborate facade and roof of the building was further ornamented by a number of statues, including a sizable one of the monarch it was named after. The building was used for high end retail shops and featured a glass topped arcade, The Queens Walk, that ran between Bourke and Collins:

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In the 1960’s, the Melbourne City Council began to consider the construction of a large public park in the city centre. Across a decade or more, it gradually acquired parts of the Queen Victoria – and other adjacent – buildings for this purpose. Demolition commenced in the late 1960’s and took several years (The Regent Hotel was also acquired and scheduled to be knocked down as part of the same project, but was saved by a union ban). The new open space was dubbed ‘City Square’:

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Windswept and largely ignored, part of it was sold for development in the 1990s and the Westin Hotel was built on this section. The remainder of the park was redesigned and remains for public use:

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MELBOURNE/QUEEN VICTORIA HOSPITAL

172 – 254 Lonsdale Street

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Built in 1911 of bluestone, with stylish towers and iron railings, the Melbourne was almost too elegant to be a hospital. It’s graceful facade was further complemented by a lush garden (visible above) that ran around two sides of the grounds. Initially home to the principal hospital for the city, in 1946 it was reconstituted as a specialised institution for women and children (and was solely staffed by women for a time), and renamed the Queen Victoria. The hospital closed in 1987 and the site was then used for a variety of unlikely purposes, including a mini golf course and a craft market. In 1992 the site was purchased by a development group and three of the four hospital buildings demolished. The bulk of the property was then turned into a mixed commerical premises, the QV Building:

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The one remaining hospital building was refurbished and returned to its previous use, once again offering care to women and children, in 1994.

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CAFE AUSTRALIA

264 – 270 Collins Street

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One of Australia’s most famous architects, Walter Burley Griffin, designed the sumptuous Cafe Australia, a remodeling of an existing cafe on Collins Street. Opening in 1916, the cafe bore all of Griffin’s trademarks; an elaborate facade and entryway, delicate concrete ornamentation and highly stylised interiors.

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Cafe Australia was only shortlived, however. It closed and demolished in 1938 and was replaced by the similarly named Hotel Australia, which borrowed much from Griffin’s design, but lacked the overall panache of the previous establishment.

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This building was then reworked into the current occupant of the site, ‘Australia on Collins’, an up market retail space.

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Source: marvmelb.blogspot.com

Heritage listing can be achieved on a number of quite different grounds. Check here “Heritage Listing – What is it?” for a previous blog we presented that has links and an explanation of what achieving a Heritage Listing can entail.

Our heritage is what gives our cities and towns, our nation it’s character. It should be respected and protected so that future generations can appreciate just how we have come to live in this wide brown land.

From Victorian pomp and grandeur to the rather abstract and visually challenging lines of Federation Square – it’s simply our heritage, our imprimatur – it’s certainly worth preserving.

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Balance Architecture recognises the importance of Historical Architecture. We specialise in the renovation and restoration of Heritage Buildings.

Our Heritage – It really does matter. The Corkman Irish Pub, The Queen Victoria Market and new Heritage Victoria powers.

For those who appreciate Heritage listings and the buildings protected by such rulings, the month of May has seen three spectacular results. In the first, the Corkman Developers have broken ranks with one developer Mr Raman Shaquiri (Partner) admitting to illegally demolishing the heritage listed hotel in October 2016. In another major coup, the City of Melbourne have agreed with Heritage Victoria to drastically alter its plans to ‘redevelop’ the Queen Victoria Market. The council now acknowledge the need for a new plan for the ‘project’. Finally those who own Heritage buildings and leave them in disrepair and neglect face the prospect of now being served an order to carry out urgent repairs or face hefty fines. These rulings have all been welcomed by the State Government and its Planning Minister Mr Richard Wynne.

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In the Corkman case it seems there is a rather futile attempt by the development company’s other Director Mr Stefc Kutlesovski to avoid penalties, pleading not guilty to the charges associated with knocking down the hotel. As well their company ‘160 Leicester Property Ltd’ has been charged. It too has pleaded guilty to a number of charges.

Here is the report on the court proceedings from the ABC News.

Developer pleads guilty to illegal demolition of Melbourne’s historic Corkman pub

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The pub, which was popular with students, was destroyed without a permit

One of the developers charged over the illegal demolition of a 160-year-old Irish pub in inner Melbourne has pleaded guilty, but his fellow director is preparing to fight the charges.

Developers Raman Shaqiri and Stefce Kutlesovski, and their company 160 Leicester Proprietary Limited, were charged for knocking down the Corkman Irish Pub at Carlton in October, 2016.

It is alleged they were planning to develop the property occupied by the pub, which was built in 1858.

Mr Shaqiri left the Melbourne Magistrates’ Court briskly to avoid the waiting media after admitting to being a director of a company that permitted the demolition despite not having a building permit, and failing to exercise due diligence to prevent the company from contravening the planning scheme.

The company, 160 Leicester Proprietary Limited, also pleaded guilty to a number of charges.

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The Carlton Inn Hotel, on the corner of Pelham and Leicester streets, Carlton in 1957. It was later known as the Corkman Irish Pub

Co-director prepares to fight charges

Mr Kutlesovski has indicated he will plead not guilty and is set to face a four-day hearing in January. The court heard up to nine witnesses will give evidence.

Mr Shaqiri will have to wait until his co-director’s case has been finalised before he’s sentenced.

Magistrate Sarah Dawes earlier expressed her frustration at the delay in hearing the case, after it was initially scheduled to happen earlier this week.

The court heard the men and their business were initially being represented by the same lawyer but a conflict of interest between the parties had arisen and it was not able to go ahead.

Ms Dawes said it was “unacceptable” that the hearing had to be delayed seven months, effectively for the developers’ “convenience”.

Mr Shaqiri’s barrister agreed it was “regrettable”.

Ms Dawes refused the media’s request for access to the prosecution summary of evidence against Mr Shaqiri despite his guilty plea.

Source: abc.net.au

The Queen Victoria Market re-development has been stalled since Robert Doyle stepped down as Mayor of Melbourne. It appears that council has recognised this is a project that needs a drastic re-think. Apart from the general community disquiet over the presented plans, the ruling by Heritage Victoria has halted the project forthwith.

Read about it here in an article from the Age Newspaper dated 14th of May 2018.

Queen Vic Market plans on ice after council backs down from shed fight

Plans for the Queen Victoria Market will be drastically altered by Melbourne City Council, after it backed down from a battle with the state’s heritage authority over its proposal to refurbish 140-year-old sheds.

The city council had wanted to temporarily remove four of the market’s heritage sheds and, while they were being restored, dig three levels of underground parking and service areas for traders.

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The $250-million redevelopment plan for the Queen Victoria Market has been put on ice

But that plan was halted in March when Heritage Victoria said it could not accept assurances the sheds could be returned to the site in their original condition.

The heritage authority also rejected the council plan because its officers believed the fabric of the 19th-century market would be irreversibly altered if the project went ahead.

On Monday, council officers and acting lord mayor Arron Wood said they would go back to the drawing board with plans for the project.

The council may dump altogether plans for underground services beneath market sheds A to D as it had planned.

It will spend around six months coming up with a new plan for hundreds of car parking spaces the council must provide under an agreement struck with the Victorian government in 2013.

What has been proposed?

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Under that deal, the council will build a new park on the site of the current open-air car park next to the market.

But in return for other state-owned land next to the market being given to it, the council must provide an equal amount of car parking elsewhere.

It had relied on putting car parking underneath the refurbished heritage sheds.

The council wants to redevelop the market to ensure it provides a brighter future for the produce and retail centre – which because of apartment development on its doorsteps will have an extra 22,000 residents living nearby within half a decade.

Acting lord mayor Arron Wood said he was disappointed the council would not proceed with its original plan for the market sheds.

“I can’t fathom the fact that you can’t dismantle some pretty basic construction like those sheds and refurbish them and return them in a much better state,” he said.

He had initially reacted with anger at the Heritage Victoria ruling, pledging to challenge it.

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Acting lord mayor Arron Wood at the market

But Cr Wood said he had “gone through the five stages [of grief] here and spent a fair bit of time and anger”; he was now reconciled to revamping plans for the market.

While he wanted the underground project to go ahead, Cr Wood it was just one of 13 works packages in the redevelopment plan.

And he said a legal challenge by the council against Heritage Victoria’s decision to reject the underground plan would not have been ‘‘a great look, for one government entity to be going after another government entity through the courts. It doesn’t win hearts and minds’’.

He said perhaps the council had failed to sell its redevelopment plans effectively, but that there had been a massive amount of consultation of traders and customers before it had pressed ahead with its ultimate plans for putting services underground.

Planning Minister Richard Wynne is expected to soon release his decision on a separate project tied to the Queen Victoria Market renewal, a 42-storey apartment tower and community centre to be co-developed by the city council and property group PDG.

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The Age asked Mr Wynne his views on the council’s rethink of its current plans for underground services beneath the heritage sheds.

“We’ve been very clear that any development of the market will have to respect and preserve the rich character and heritage that makes it what it is,” Mr Wynne said.

Some traders who would have been directly affected by the underground project were celebrating on Monday, saying they were glad it would be re-thought.

Among them was Paul Ansaldo, who with his wife and children has run a fruit stand at the market for the past 31 years.

Their stalls are in the sheds that were to be dug up, and he said the implications of putting their storage areas underground had never been properly thought through by the council.

This included making traders reliant on lifts to bring fruit and vegetables up to the surface from cold stores below ground.

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Paul Ansaldo, a trader at the market for 31 years, is pleased the council’s underground plans will be revised

“There are a lot of people who don’t get along around here – can you imagine the debacle we would have had if we were all underground in a tight space?

“If you don’t talk to one bloke, you’re going to have a blue over who gets their fruit in the lifts first. There would’ve been a murder committed,” he joked.

He said the council should focus on promoting the market, not redeveloping the sheds.

But another trader, wine seller Marshall Waters who celebrated a decade at the market last week, said there was already enough promotion.

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A supporter of the council’s plans, Mr Waters said it was tragic the project would not go ahead in the format proposed before Heritage Victoria struck it down.

“Why Heritage [Victoria] refused that permit is totally beyond me – I don’t think it’s anything to do with heritage, it’s to do with politics. It’s appalling we are so ruled by stupid populist decisions like this. It was a great project and now it’s basically dismantled.”

Source: theage.com.au

Finally, perhaps the most significant news item. The State Government has introduced new laws to ensure Heritage listed buildings are not left neglected, to be demolished, damaged or excavated. The penalties for doing so now include fines up to $375K or a maximum five years jail.

It has long been the practice of some developers to simply allow a building to become so damaged and beyond repair, the simplest solution seemed to be to demolish the building. With the blatant actions at the Corkman Irish Pub and the former Metro Night Club at the top of Bourke St it became an imperative to step in and protect Victoria’s rich heritage.

Read about the new laws and some examples of how these laws are to be enacted in this article, also from The Age, May 3 2018.

Owners of neglected heritage-listed buildings in Victoria ordered to start repairs

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The new owner of Macedon House has been ordered to clean the property up

Derelict, abandoned and vandalised: at first glance it is hard to believe Macedon House in Gisborne and Valetta House in East Melbourne are prized state-listed heritage assets.

The owners of the two heritage-protected homes, neglected for many years, have just been ordered to carry out urgent repairs or face hefty fines.

It is the first time the state government has issued a repair order since new laws were passed last year aimed at cracking down on property owners or developers who flout heritage rules.

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Photographed in 2015, Macedon House was unused except by vandals

The two buildings have fallen into such a state of disrepair that the state government’s heritage authority has ruled their future preservation is under threat.

After years of concern from conservation lobby groups, planning minister Richard Wynne last week signed off on orders that require the owners to comply with a list of repairs by a given deadline.

The state government last year strengthened its power to enforce repairs and doubled penalties for unauthorised works to heritage-listed places.

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A hotel, Macedon House was built in the pre-Goldrush era

People found to have demolished, damaged or excavated one of Victoria’s 2400 heritage-listed assets face fines of up to $373,000 or a maximum five years’ jail.

“Those lucky enough to own heritage assets have a responsibility to maintain them — and we’ll ensure they do,” Mr Wynne said.

Macedon House, about 50 kilometres north-west of Melbourne, dates back to the 1840s. The single-storey bluestone building is considered a rare surviving example of an early Victorian hotel.

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Local groups fear the house may be demolished by neglect

Once buzzing with travellers in the gold rush era, the building has long been abandoned and left to decay. Windows have been smashed and boarded up, the walls punched with holes and graffiti scrawled on the building’s facade.

Melbourne businessman and developer Brian Forshaw last year sold the property, with plans to develop it into a retirement village, for $1.21 million — but the transaction is yet to settle. Title records show Gary Braude placed a caveat over the title in September.

The local council’s website states the application for the retirement village was withdrawn in March.

The repair orders state the site must be cleaned up, and all doors and windows secured within 21 days. The government has also given a 90-day deadline for drainage works and the underpinning of external bluestone.

In East Melbourne, Valetta House, built in 1856, was the home of Sir Redmond Barry, the Supreme Court judge who presided over the Ned Kelly trial. The grand mansion has been empty for many years but its owner, psychiatrist Despina Mouratides, has previously said she plans to renovate and move into the residence.

Ms Mouratides declined to comment when contacted by Domain on Thursday.

She has been ordered to reinstate all windows, doors and locks, and undertake external conservation works by May 14.

In the past two decades, the state government has only stepped in and issued repair orders for two other buildings: the Criterion Hotel in Sale and Camberwell’s Boyd House.

Property owners served with a repair order can seek a review in the Victorian Civil and Administrative Tribunal.

Source: domain.com.au

Heritage isn’t just a word. Our Heritage is in fact who we are and how we came to be who we are. It’s the buildings, the culture, the people, the social interaction. In terms of buildings and structures it’s often something of great beauty, other times it’s just something simple, something unique, ultimately something precious.

There are battles ahead. St Vincent’s Private Hospital is planning to demolish or partly demolish three significant buildings in Old Fitzroy. The Queen Victoria Market is by no means safe. Safer, but not yet safe. Each week new buildings are earmarked for development. In South Melbourne just last week the old AAV Building in Bank St with associated property has been offered for sale – and development – for a cool $40 Million. The owners of the current ANZ bank building on the corner of Bank St and Clarendon St have applied to demolish the rear ‘addition’ completed quite tastefully in the 1970s and throw up a multi-storey office block.

The choice is rather stark. Keep the facades and build canyons of multi-storey apartment blocks or provide real heritage protection. And the truth is the choice is really yours – if you choose to exercise it. Beautiful streetscapes, wonderful old buildings, or concrete canyons. What legacy do you want to leave the next generation?

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Balance Architecture recognises the importance of the preservation of Historical Architecture. We specialise in the renovation and restoration of Heritage Buildings. For further information on Balance Architecture’s services or to make an appointment for a free consultation, please click here or call 0418 341 443.

The Illegal Destruction of One of Carlton’s Oldest Buildings – The Corkman Hotel (formerly the Carlton Inn), circa 1856

The Corkman Irish Pub was demolished illegally without planning or heritage approval on the weekend of the 15th and 16th of October, 2016. Formerly known as the ‘Carlton Inn’ it was, prior to demolition, one of the oldest buildings in Carlton, having been built in 1856. Originally a quarter acre allotment on the corner of Leicester and Pelham Streets, a Mr R Hepburn purchased it in 1853 and then subsequently subdivided the crown allotment into smaller 70ft x 70ft allotments. Construction of the hotel commenced in 1856 with the hotel trading in 1857 licensed to a Mr George Edmonds.

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The Carlton Inn Hotel, 1957

The City of Melbourne Heritage Overlay described the building as follows –

Historically significant as one of the earliest extant buildings in this part of Carlton, which has undergone substantial change since the time of its original construction in 1857. The Carlton Inn is of historical significance as a good example of the Victorian Period. The facade is relatively plain and generally indicative of the early to mid Victorian period, though the parapet may date to the later Victorian period. The facade has a stucco finish but the original corner section may be partly stone.

Property Developers Stefce Kutlesovski, Raman Shaqiri and their company 160 Leicester Pty Ltd face 16 charges laid by the Victorian Building Authority and the Melbourne City Council.

Council has accused the parties of demolishing a building without a permit, ignoring a stop work order, and carry out demolition whilst unregistered and in breach of planning laws.

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Penalties for the offences range from $3000 to $388,000, with Planning Minister Richard Wynne stating the developers could face fines of more than $1 million in total, at the time of the demolition.

Builders rubble containing Asbestos from the site was found dumped in the open by the EPA at Cairnlea in Melbourne’s western suburbs, uncovered and unprotected. The EPA fined the developers $7500. As of January 2017, the EPA has issued a total of $31,000 in fines for non-compliance against the Developers. At the time the developer owners informed the Victorian Government they would rebuild the pub. That was then.

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The building was destroyed by Shaq Demolitions and Excavations. The business is half owned by Raman Shaqiri. In essence the company that paid $4.76 million for the pub in August 2014 half owned the demolition company.

Raman Shaqiri holds both a valid demolition license and a current building license, issued by the Victorian Building Authority. One could possibly deduce that Mr Shaquiri essentially thumbed his nose at the authority and its regulations.

The Union Movement through the Trades Hall Council and the CMFEU have imposed Green Bans on the site of the demolished building, the first such bans in over a decade.

The Developers have ‘dug in’ hiring top ‘Silk’ Stuart Morris QC, a top planning barrister, to represent them.

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Initially the Developers had sent a letter to Planning Minister Richard Wynne conceding their fault, saying they had ‘breached faith with the community and made very serious errors of judgement’. They undertook to immediately restore the building at their expense. But they didn’t.

In June 2017 the Developers commenced action in the Supreme Court, suing the Planning Minister Richard Wynne, in a further bid to build a high rise construction on the site. Success would see the land purchased for $4.76 Million in 2014 ($1.56 Million above its reserve) revalued at $10 Million; Not hard to see the driving force here.

Mr Wynne will appear and defend the Supreme Court action. In his statements Mr Wynne has reiterated the Government’s requirement for a rebuild and compliance with the requirements of the Victorian Building Authority, the City of Melbourne and the Environmental Protection Authority. The order stipulates that as much of the original materials as is possible should be used in the rebuild.

For their part Mr Shaqiri and Mr Kutlesovski now seek the overturning of Planning Minister Wynne’s rulings – based on the fact the demolition ‘received extensive media coverage’. They argue Mr Wynne acted with ‘ulterior purpose’ of seeking to punish them – the implication being he did so for political purposes and gain.

Further they say Mr Wynne ‘failed to give them adequate opportunity to be heard’ or ‘to observe the rules of natural justice’.

If successful, the pair can expect the 40m height limit to be restored to the site, allowing for a 13 storey building on the site. Interestingly, preliminary drawings by CHT Architects have emerged of a 12 storey building the developers were planning for the Corkman site.

The Age, July 20th 2017

In VCAT a separate case brought by the Planning Minister Mr Wynne seeks an order forcing the pair to rebuild. Again they are resisting even after previously promising to rebuild.

“The orders sought are vague, imprecise and incapable of being complied with”

Such an order would be ‘oppressive’ their lawyer said.

And so on, the lawyers seek damages, costs and so forth.

The Corkman Pub, formerly the Carlton Inn, survived 159 years. It was a favoured ‘watering hole’ for generations of Melbourne University students. Owned continuously for over a century by one family, the Nobles, as in any working pub it saw changes over the years. In 1939 Architects Thomas Watts and Sons designed a new rear addition including kitchen, and provided alterations to the front bar. A two storey section was built on the eastern boundary in 1936. J.A. Trencher was the architect, with the new addition again seeing the kitchen moved and additional bed rooms added. Further alterations in 1954 by Architect Harry D Little saw the addition of single storey sections for laundry, toilets, a garage and fuel store, all replacing former outbuildings.

It’s obvious that the works were carried out with care, skill and expertise.

The recent works carried out by Shaq Demolitions utilised a Komatsu excavator, large tippers and sledge hammers, was perhaps less subtle.

It is the view of Balance Architecture that the ‘Developers’ should be hit with the full force of the law and be fined at the level that simply makes the projected plan uneconomical and unfundable. Never again should such appalling corporate behaviour be tolerated in the building industry.

And, brick by brick, bluestone block by bluestone block, vintage doors, vintage windows, floorboard by floorboard, Mr Raman Shaqiri and his partner Mr Stefce Kutlesovski must be forced to rebuild, restore and pay all costs on rebuilding the Corkman Hotel to its original state pre-demolition.

Melbourne’s heritage is precious, its time to make a stand.

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Balance Architecture recognises the importance of the preservation of Historical Architecture. We specialise in the renovation and restoration of Heritage Buildings.