Press - May 2011 to August 2011
POST Newspapers – 27 August 2011
Covenant secures The Cliffe’s future
By Andrea Tchacos
A restrictive covenant preventing demolition of The Cliffe property in Bindaring Parade Peppermint Grove will provide a “double whammy” of protection.
Peppermint Grove council approved the covenant to protect the 1890s jarrah house as an item of urgent business at last week’s council meeting.
It provides that all future owners are not to “demolish, alter or modify all or any part of the residence constructed on Lot 1 on approved subdivision application plan 14409 Bindaring Parade without obtaining the prior written approval of the shire which approval may be given or refused in the absolute and unfettered discretion of the shire and with or without any conditions” and will be placed on the land title.
Manager of development services David Childlow said the covenant would strengthen the preservation of the property.
The council had previously approved demolition of The Cliffe but is now in favour of its preservation. The agenda item states:
“It is noted that planning and demolition licence approval have already been renewed several times and it would be difficult for council to reverse previous decisions where there has not been a significant change to the original approval.”
The covenant would justify a future decision by council to deny planning approval for demolition, Mr Chidlow said.
“It puts a double whammy on the property – two barriers that the person has to go through to actually demolish,” he said.
“If [future owners] breach the restrictive covenant they’re dealt with ... by the Supreme Court ... or the [planning] tribunal for planning approval.”
Owner Mark Creasy, who is selling the subdivided Cliffe property, has sought the covenant.
“The reason why this is a late, urgent item is that the sale of the property has been progressing on a timetable,” Mr Chidlow said.
“[The owners] want to have this placed so they can lodge it if there’s an offer accepted.”
Mr Chidlow said the subdivision meant the ability of a new applicant to upgrade the building had significantly improved.
The covenant does not include the servants’ quarters behind The Cliffe.
The West Australian – Real Estate section - 20-21 August 2011
Landmark looking for right renovator
By Maya Anderson
Live in a landmark in The Cliffe in Peppermint Grove, one of Perth’s most famous and most historic residences. Selling agent Chris Shellabear said the sale offered a wonderful opportunity for the right people to restore an icon and enjoy it as a beautiful family home.
Controversy has surrounded the building for decades.
The home was once almost lost to demolition and has been removed twice from the heritage register, but Mr Shellabear said he felt most people would be surprised when they entered the home and realised its condition was not as bad as they might have thought.
“People are discovering that what’s here is not as hard as what they would perceive,” he said.
“They can make it a lovely generous family home by bringing the place up to speed for modern family living.
The person who buys it will be someone who loves it and wants to bring to a beautiful family home.”
On a 1630sqm elevated land holding, the home has river views and a big wraparound veranda.
With little previous work having been over the years, the home retains many of its character details, including stately fireplaces, ceiling roses and ornate cornicing.
Almost every rom of the sprawling house is oversized. The layout encompasses six bedrooms, including a grand main suite, numerous living areas including a ballroom, a study, two kitchens and a big scullery or butler’s pantry.
“What I like about it is that it’s quite a substantial home,” Mr Shellabear said.
“Unlike a lot of renovation projects, you don’t have to extend, it just need re-stumping, rewiring and reworking to make it ready to redo the rooms.”
The home was designed by architect Clarence Wilkinson in the federation bungalow style and built in 1895 for a wealthy businessman, Neil McNeil.
Mr McNeil was one of the owners of the Jarrahdale Timber Company and his own home was designed to be a showpiece of fine jarrah.
One of the first homes in Peppermint Grove, the residence had a summer house, stables, a coach house and servants’ cottages, and is a rare example of the extensive use of jarrah in a big home of its era.
Later the home was owned by the McComb family, who had for sons. Two performed in the punk rock band the Triffids and between 1978 and 1981 the Triffids recorded at the Cliffe, using the home as a source of inspiration.
“They would practise here and I the stables,” Mr Shellabear said.
The home comes with a covenant so that the new owners cannot demolish it, the exception being the northern wing that was added in the 1950s.
POST Newspapers – letters – 20 August 2011
Let’s see the Cliffe listed again
Brian Waldron
Woolloomooloo, NSW
I hope Heritage Minister John Castrilli reacts to the report in last week’s POST about owner Mark Creasy’s proposal of a restrictive covenant to protect The Cliffe.
I hope Mr Castrilli writes in support of the WA Heritage Act and explains how The Cliffe can be returned to the WA Heritage Register.
With the support of Mr Creasy and the Peppermint Grove shire council and the agreement of the Heritage Council, it requires only that Mr Castrilli obtain leave from the Supreme Court to return The Cliffe to the heritage register within five years of its removal.
This is exactly what Mr Castrilli did before he added the Beaufort Street Terraces to the heritage register.
While I support Mr Creasy’s proposal, I am also greatly saddened by it, because attaching a restrictive covenant to the title may indeed prove to be more successful in protecting and preserving a property like The Cliffe than all the existing heritage protection available under the law.
The Cliffe’s heritage significance has not just been discovered. It was classified by the National Trust in 1984 and included on the Register of the National Estate in 1992.
It was first included on the WA Heritage Register in 1995 and included in the inaugural Peppermint Grove municipal inventory in 1999.
But none of this recognition proved sufficient to ensure its protection and preservation.
The Heritage Act is under review and Mr Castrilli should explain how and why the people of WA can continue to have confidence in that Act.
I’d also like to hear about his plans for ensuring the Heritage Act actually protects and preserves heritage assets, without the need for additional private arrangements such as the use of the restrictive covenants.
I’m not expecting Premier Colin Barnett to admit he got it wrong when he moved the motion to remove The Cliffe from the heritage list.
Nor do I expect former heritage minister Michelle Roberts to admit that she should have paid more attention to the advice of the experts within the Heritage Council before she supported The Cliffe’s removal from the heritage list.
But I do expect Mr Castrilli to support the Heritage Council’s work and to get involved to help The Cliffe’s owner, the shire and the Heritage Council ensure The Cliffe’s protection.
POST Newspapers – 13 August 2011
Creasy protects The Cliffe
By Kerry Faulkner
Prospector Mark Creasy wants Peppermint Grove council’s help to stop The Cliffe being demolished by new owners when he sells.
Peppermint Grove CEO Anne Banks-McAllister said the council had received a request from Mr Creasy on Thursday for it to sign a restrictive covenant preventing the home’s demolition after its sale.
She said the request would need council approval.
“Mr Creasy is proposing to make the shire a party to the covenant, which would mean that any proposal to lift the covenant would require the approval of the shire as well as other parties,” Mrs Banks-McAllister said.
Real estate agent Chris Shellabear, who is handling the sale, said a protection agreement would come into effect at the time of sale.
He said it was what the shire wanted.
Mr Creasy holds a licence to demolish The Cliffe. It is not transferable to another owner. He also has council planning approval for demolition.
Shire president Brian Kavanagh said the council had been working closely with Mr Creasy to ensure The Cliffe’s future protection.
He said selling the home on a smaller 1630sqmm block made it more attractive to a buyer who wanted to renovate it. Offers to purchase the home close on September 9.
A covenant would give the home an added level of protection and could only be lifted with agreement from all parties, or a challenge in the Supreme Court.
But Mr Kavanagh said it was unlikely the council would approve a new demolition bid anyway.
He said it was because of poor advice to the council about The Cliffe’s category one listing that demolition approval had been granted to Mr Creasy in the first place.
As a category one property, The Cliffe has the highest conservation level possible in the shire’s municipal inventory.
In a similar case, the owners of 12 The Esplanade, Terry and Janice Walsh, were refused permission to demolish their category one home last October (“Heritage win in demo war”, POST, May 28).
Mr Shellabear said Mr Creasy was eager to sell. The home is on part of its original 4777sq.m block.
The remainder will be subdivided, except for a portion that Mr Shellabear said would be offered to neighbours as a way of expanding their blocks.
POST Newspapers – letters - 13 August 2011
Cliffe pictures tell a different story
Brian Waldron
Woolloomooloo, NSW
When I saw the full-page advertisement for The Cliffe (POST, August 6), I was struck by just how undilapidated it looked.
I invite all POST readers tolook at the current photographs of The Cliffe on the Shellabear Real Estate website and remember these words from Cottesloe MP Colin Barnett to the Legislative Assembly in May 2007: “ … it is obvious that it is in a state of disrepair.
“In fact, it is uninhabitable. The ceilings have collapsed, and there has been further recent damage, and the floors are uneven.
“It is essentially falling down. It is in an extremely poor condition. It is not safe.
“No-one is living in it. No one could live in this house. I would not spend a night in it. It is simply falling apart”.
And these from the then minister for housing and works Michelle Roberts on the same day: “I visited the property in question and share the views of the member for Cottesloe. I believe that the property is dilapidated beyond reasonable repair and that there is no value in maintaining the heritage listing of this derelict, decaying property”.
More than four years on, the pictures on the website show a house that has clearly been neglected, but “falling down” and “dilapidated beyond reasonable repair” don’t match my opinion from the images I saw.
I wonder if Mr Barnett and Ms Roberts still believe in the statements they made to the Parliament about The Cliffe in 2007.
POST Newspapers – 13 August 2011 - Real Estate Feature
A slice of Grove history comes
with The Cliffe
Large formal rooms with bay windows, ornate plasterwork and fireplaces are reminders of a time when wealthy families entertained in style.
When The Cliffe was built in 1898, it was a honeycomb of jarrah with a ballroom, six bedrooms, three bathrooms, two kitchens, cellar and spectacular river views.
The grand, weatherboard home was built as a showpiece for Scottish timber merchant Neil McNeil.More than a century later, the rambling home on Devil’s Elbow is still a talking point in Peppermint Grove – but for different reasons.
It has been the centre of a demolition row involving the owner, Mark Creasy, the local council, the state government and the Heritage Council.
Saved from the wrecker’s ball, the Cliffe hit the market last week, and expressions of interest have been called for, closing on September 9.
Real estate agent Chris Shellabear said the home, on 1630sq.m, would be sold with a council covenant not to demolish. The adjoining 3370sq.m land, also owned by Mr Creasy, would be sold later.
Mr Shellabear said the first home open last weekend attracted a big crowd of about 70 people, including neighbours.
For many of them, it was their first look inside the landmark home.
Time has stood still at The Cliffe, which has seen better days. In some of the 17 rooms, the ceilings have collapsed, the walls are cracked and the roof is leaking – but somehow the home still retains its grandeur.
Large formal rooms with bay windows, ornate plasterwork and fireplaces are reminders of when wealthy families entertained in style.
There are two kitchens; a scullery for the servants has a wooden benchtop and a separate door for deliveries. A big bathroom has a beautiful mosaic floor and a claw-foot bath.
There are plenty of nooks and crannies for hide and seek, including the cellar.
A 1950s extension in the northern wing could be removed.
Mr Shellabear said there had been a lot of interest in the home, especially from local families who wanted to renovate it.
“The people we are attracting love the home,” he said.
He was not giving a price guide to prospective buyers.
“It is difficult to estimate land value, with so few comparable sales,” he said. Recent sales of vacant land in the suburb had achieved between $2700 and $3500 per square metre. But these properties did not have the same elevation as The Cliffe.
The home is on the council’s municipal inventory. Renovations could cost between $800,000 and $3 million, depending on how much the new owners wanted to spend, Mr Shellabear said.
The West Australian – 09 August 2011
Rare glimpse of historic homestead
By Beatrice Thomas
This house has sparked a decade of debate, including a row over its removal from the State heritage register and a parliamentary inquiry involving Premier Colin Barnett.
Now, new photos offer a rare glimpse inside Perth's most talked about homestead, The Cliffe.
Millionaire prospector Mark Creasy put the 116-year-old Peppermint Grove property on the market last week after getting sub-division approval to position it on a smaller 1630sqm block of land.
Overlooking the river, in Bindaring Parade, the 17-room property has six bedrooms, three bathrooms, two kitchens, three living rooms, a ballroom, cellar, sewing room and formal lounge.
Built by a timber merchant, the property is a rare example of a jarrah mansion and was once the family home of Dave McComb of the rock band The Triffids.
Selling agent Chris Shellabear said the property would be sold with a covenant from the buyer that they do not demolish the home, which is expected to fetch millions.
With work last having been done on The Cliffe in the 1950s he said it needed at a minimum rewiring and plumbing, some structural work with some ceilings replaced.
“I think the comments that we’re getting from people so far is that they are surprised by what they are seeing there,” he said.
“It’s certainly a lot more do-able than they’d been led to believe with the press about the property over the last 15 years.”
Bought by Mr Creasy and his then-wife Sharon in 1995 for $2.65 million, it has twice been added and then removed from the State heritage register amid legal challenges and at one stage a threat by Mr Creasy to force the Heritage Council to buy it for up to $20 million.
More recently, a parliamentary inquiry sparked by accusations from a Sydney-based heritage advocate cleared Mr Barnett of any wrongdoing in his role in the removal.
While Mr Shellabear would not speculate on a price, the property is expected to fetch millions of dollars, and attracted more than 70 people through the first open day at the weekend.
It is being sold through an offers-to-purchase process, which closes on September 9.
The Sunday Times – 7 August 2011
Cliffe on market
The former Perth home of the late The Triffids singer-songwriter Dave McComb is on the market, ending years of controversy over its planned demolition.
Millionaire prospector Mark Creasy has listed his Peppermint Grove property The Cliffe with agent Shellabears, which is calling for offers to purchase.
The 1989-built home has 17 rooms and sits on a 1630sq m section of a 5000sq m block on Bindaring Pde.
The house will be retained on the smaller block, leaving an opportunity to subdivide the larger parcel of land.
It had three consecutive demolition approvals and was twice removed from the State Heritage Register
POST Newspapers – 06 August 2011
Bulletproof Cliffe for sale
By Kerry Faulkner
After more than two decades trying to demolish it, prospector Mark Creasy has put the iconic Peppermint Grove home The Cliffe up for sale.
Agent Chris Shellabear is calling for offers to purchase the home, which sits on a 1630sq.m section of the nearly 5000sq.m block above Devil’s Elbow on Bindaring Parade.
Mr Creasy has the entire site for sale.
Mr Creasy’s then wife Sharon bought the 1898-built home in 1995 to demolish it and build a new home with pool, tennis court and big gardens.
Mr Creasy, a prospector who struck gold in a big way, said it was one of few blocks in Peppermint Grove at the time big enough to accommodate his plans.
He has maintained his right to demolish the home since, despite opposition from heritage authorities and both support and opposition from different incarnations of the local council.
The home was twice removed from the State Register of Heritage Places and had three consecutive demolition approvals.
In an Australian first, the heritage-listed house was removed from the heritage register after Cottesloe MP and then backbencher Colin Barnett moved a special Bill in Parliament.
He was cleared of any wrong-doing over the issue by Parliament’s procedures and privilege committee in 2009.
Mr Shellabear said retaining the home on a smaller block and selling it were a good solution. It made it more affordable to a new owner who would be prepared to restore the dilapidated building.
Mr Creasy said he had not been swayed to sell by the 16-year controversy surrounding the demolition plans. Rather he said it was sitting empty and he was neither interested in renovating it nor retaining real estate investments.
“It has been hanging around like a wet week and I am happy to dispose of it,” he said.
“People have their own opinion about it. I don’t argue with people whose view is it is a wonderful house, but in my opinion it is not a wonderful house.
“Neither do I wish to live in a wooden building – wooden buildings are not suitable to Perth’s climate.”
Mr Shellabear said the subdivision had the added advantage of giving the home access to McNeil Street and the views had improved with the redevelopment of a neighbouring home.
Offers to purchase close on September 9.
The home was built as a showpiece for jarrah as a building material by timber magnate Neil McNeil to woo home builders away from what he called their obsession with brick and stone.
Peppermint Grove’s McNeil Street is named in his honour. Mr NcNeil once owned the land from The Cliffe to Stirling Highway – the entire length of McNeil Street.
The Cliffe was also the birthplace of the cult band The Triffids where original members Rob and Dave McComb wrote and rehearsed their world-acclaimed works. It was their parents’ home.
In a report to council in 2009, heritage architects Ian Hocking and Associates estimated it would cost $1.48 million to restore the home.
POST Newspapers – letters - 18 June 2011
Cliffe a victim of ‘bad advice’
Audrey Hine
Aswan View, Joondalup
What a great win for the Peppermint Grove Shire Council in having the courage to challenge the demolition of a category one heritage-listed home on the Esplanade (“Heritage win in demo war”, POST 28/5).
As shire president Brian Kavanagh said, it was a test case to prove the strength of the council’s municipal inventory.
The shire has done a great job and opened the way for other councils who have been scared for so long to take the first step to the top.
Mr Kavanagh also said the council had made some previous decisions based on wrong advice.
I’d like to ask why no one challenged the advice the shire was given by its professional team employed to look at the Cliffe.
What more proof could there be about a category one heritage listing such as the Cliffe? Those eminent people knew what they were talking about.
The previous heritage minister, Michelle Roberts, should hang her head in shame over her actions in removing a category one house from the heritage list, not listening to the Heritage Council advice, and for denying Greens MLC Giz Watson access to the information she requested in Parliament.
Could we put any of this down to bad and wrong advice?
Why, also, has Heritage and Local Government Minister John Castrill, knowing what has happened, done nothing to re-examine some of the wrongs and put them right?
POST Newspapers – letters - 11 June 2011
Is Hale House worth 10 Cliffes?
Brian Waldron
Woolloomooloo, NSW
Let me make sure I have this right: the heritage-listed former Hale School, in West Perth, which Premier Colin Barnett said was falling into disrepair, is being restored for about $17 million (with an additional $9.9 million for planning and other costs).
In 2009, heritage architects Ian Hocking and Associates put the price of completely restoring the Cliffe, described by Mr Barnett as in a state of disrepair and uninhabitable, at about $1.5 million.
Two weeks ago, Mr Barnett said Treasury predicted the cost of relocating the Cabinet office to Hale House would pay for itself within 12 years through savings in rent, by which time it could be used at no direct cost to government.
I applaud the government’s decision to maintain the state’s heritage assets and to make appropriate use of them.
What does concern me is the complete lack of any understandable philosophy and policy in deciding what should be maintained and restored and what should simply be struck off the heritage register.
It would make at least equal sense to me if the Cliffe had been protected by the state and restored, and Hale House simply removed from the heritage register.
The arbitrary way in which this government and its predecessor have made important decisions on heritage matters defies commonsense.
I would love to hear Mr Barnett explain why Hale House is worthy and the Cliffe unworthy. In fact, given the cost differential, Hale House would have to be 10 times as worthy as a heritage asset to justify recently approved expenditure.
The Australian Newspaper - 02 June 2011
Heritage bar to be raised
by Nicholas Perpitch
PERTH'S exclusive Peppermint Grove Shire will increase protection of heritage homes after a court upheld its opposition to a redevelopment plan put forward by property developer and real estate agent William Porteous.
But Mr Porteous has accused the State Administrative Tribunal of being out of touch over the "emotive heritage listing" of a 1910 federation home.
Mr Porteous's client, retired Supreme Court judge Terry Walsh, had wanted to demolish his home as part of efforts to sell the 1596sq m block on The Esplanade, overlooking the Swan River, for $12.9m.
But the Shire of Peppermint Grove had refused Mr Walsh's application on the grounds the home was listed on its heritage inventory and was one of the surviving residences on The Esplanade from the pre-World War I era.
The shire said it formed part of a cultural group with neighbouring properties in nearby Forrest Street and its demolition would damage the shire's cultural heritage.
Mr Walsh and his wife Janice had argued in the tribunal the "intrinsic cultural heritage value" of the home was already limited, partly because the rear of the house had been rebuilt in the 1970s.
They also submitted that a large residential development next door would reduce the heritage value of the building.
But the tribunal last week found this was not enough to warrant demolition of the property.
Mr Porteous said he could not understand the decision, stressing it was a fantastic piece of land with sensational views but the house did not take full advantage of the block.
"To some people it is an impediment by not having the right to pull the house down," he said.
"If you want to come along and build a new super home on the block, in one of the prize positions in Peppermint Grove, you have this encumbrance on you.
"A lot of these organisations do not understand the implications of putting what I call an emotive heritage listing on it."
But shire president Brian Kavanagh dismissed Mr Porteous's concerns. "With all due respects to Willy, he wants a sale," he said.
He said that in the past the shire had not given its heritage inventory the weight it deserved.
"I think you'll find there'll be a lot more scrutiny over our heritage homes, and when applications come for modification or demolition I would say that council possibly will take a longer and harder look at it," he said.
AAP – 26 May 2011
WA premier fends off criticism over office
By Josh Jerga
West Australian Premier Colin Barnett has defended a decision to relocate his office to a heritage-listed building after being likened to Louis XV.
Labor frontbencher Mark McGowan accused Mr Barnett of acting like the extravagant French monarch and misleading parliament over the move.
But the premier said the multi-million-dollar decision to relocate his office to a heritage-listed building came after a recommendation from the state treasury.
Mr McGowan said the premier had misled parliament by claiming that relocating both the premier's and cabinet's office to Hale House, a former Aboriginal school built in 1914, was the cheapest option.
The refurbishment of Hale House, which Mr Barnett said was falling into disrepair, would cost about $17 million due to its heritage status, with an extra $9.9 million for planning and other costs.
The lease on the premier's current office at Governor Stirling Tower in the Perth CBD expires in July 2012 and, as the building will undergo a redevelopment, Mr Barnett said the government was left with "no choice" but to move.
But on Thursday, Mr McGowan claimed Mr Barnett had ignored advice from the WA under-treasurer which proposed the premier move his office into the same building as the rest of his government ministers.
"What arrogance and pomposity. He has all the hallmarks of Louis XV. He thinks he's the Sun King and can just create palaces and buildings to suit himself," Mr McGowan said.
Mr McGowan read a letter he received under freedom of information from Under Treasurer Timothy Marney to the head of the department of premier Peter Conran in June last year. In the letter, Mr Marney suggested the premier's office and cabinet room could be accommodated on the 13th and 14th floors of Dumas House where most of his ministers will be based.
Dumas House is currently undergoing a $56 million refurbishment.
Mr McGowan said the letter showed there was a cheaper, affordable, high-quality option for relocation, but Mr Barnett had ignored the advice.
"So, the public of WA is being ripped off for the premier's fantasy of his own palace because he did not want to go into a building with his ministers," he said.
However, Mr Barnett said Mr Marney canvassed four options with him before recommending the state-owned Hale House.
The premier said treasury predicted the cost of relocating would pay for itself within 12 years through savings in rent, by which time it could be used at no direct cost to government.
"State governments do not pay income tax, so it's always better financially for the state to occupy premises it owns on its land," Mr Barnett told parliament.
POST Newspapers – letters - 4 June 2011
Could Cliffe gain from SAT ruling?
Brian Waldron
Woolloomooloo, NSW
In your report, “Heritage win in demo war” (POST, 28/5), about the State Administrative Tribunal (SAT) decision on Peppermint Grove’s refusal of a demolition permit for 10 The Esplanade, shire president Brian Kavanagh said:
“We wanted to test the validity of our municipal inventory. Our decision has been justified.”
He said the council had made previous decisions based on wrong advice that the inventory did not carry much weight.
“In the past, the council has been misled on the status of category one,” he said.
Decisions based on wrong advice are likely to be wrong. If the council has been misled in advice about category one buildings on its heritage inventory, then surely it should be planning to re-examine development decisions relating to all category one buildings.
I expect any such review would result in The Cliffe being protected from demolition and subdivision in line with the principles applied by the SAT in the case of 10 The Esplanade.
If the shire doesn’t undertake a review of development applications affecting category one heritage buildings, I hope concerned residents of Peppermint Grove request the SAT to do so.
POST Newspapers – 28 May 2011
Cliffe subdivision gets thumbs up
The subdivision of The Cliffe site in Peppermint Grove was a good result, shire councillors said this week.
The council will advise the WA Planning Commission to accept an application from owner Mark Creasy to start the work.
Manager of development services David Chidlow told Tuesday’s council meeting: “The owner wants to subdivide the land in order to make it saleable instead of selling a large block of land with the house for a large sum of money.”
“It’s a good outcome for The Cliffe,” said councillor Karen Farley. “Now someone might be able to purchase and renovate it.”
But heritage advocate Brian Waldron said the property was being whittled away. “I don’t see it as a good outcome,” he said.
“A magnificent house like The Cliffe deserves to be retained on grounds that support its heritage values.
“A mansion on a postcard of lawn is a diminished heritage asset.”
The POST Newspaper – 28 May 2011
Heritage win in demo war
By Bret Christian
Peppermint Grove’s heritage controls have had a big win after the State Administrative Tribunal supported the shire’s refusal to demolish a heritage listed riverfront house.
The owners of the house on The Esplanade, Terry and Janice Walsh, appealed to the tribunal after the council last year denied them permission to demolish their house (POST, 28/10/10).
They said an “enormous” house with panoramic river views being built next door by Sonic Healthcare chairman Barry Patterson would put them in the shade and destroy any remaining heritage value of their home.
Demolition would allow them to sell their 1680sq.m block at maximum land value.
But the 1910 home was listed as category one on the council’s municipal register, and the council denied permission to knock it down.
The Walshes appealed on the grounds of the effect of the big house next door, and said that changes to their house had eliminated most of its heritage value.
But the tribunal disagreed. It ruled that both grounds for appeal, either separately or together, did not warrant demolition. It even took into account heritage houses around the corner in Forrest Street when finding that the house formed part of a heritage group.
The decision has delighted shire president Brian Kavanagh, who said it was a test case for the strength of the council’s municipal inventory.
“It is definitely good news,” he said. “We wanted to test the validity of our municipal inventory. Our decision has been justified.”
He said the council had made previous decisions based on wrong advice that the inventory did not carry much weight.
“In the past the council has been misled on the status of category one,” he said.
Had the council known of the strength of its own heritage controls, some category one demolitions that had been approved on advice would have been refused.
Controversial projects such as the subdivision of the front yard of a category one house in Irvine Street owned by the company of former councillor Peter Bacich would not have been approved had the correct advice been received, Mr Kavanagh said.
He said some residents had urged the council to place the entire shire on the heritage register.
Neighbours on both sides of a vacant block at 10 The Esplanade strongly objected when the council approved a big two-storey house, with a 17-car garage, on the site that has been vacant for 20 years.
The land is a premium residential site in a premium suburb, and the new neighbour is a premium two-storey plus basement residence.
The tribunal said: “Demolition approval should not be expected simply because redevelopment is a more attractive economic proposition, or because the building has been neglected”.
Demolition of a heritage place needed to be justified, with the onus on the owner to do so.
Both the Walshes and the shire obtained assessments from prominent heritage experts.
The tribunal agreed with the expert opinion of Phillip Griffiths, the expert hired by the shire. He said it was feasible to reverse alterations to the house to restore its heritage integrity. He said demolition would have a substantial impact on the streetscape character of The Esplanade and Forrest Street.
Ken Adam, for the Walshes, argued that it was impossible to see the other heritage listed buildings from their site. The house under construction at No. 10 would have a significant impact on the cultural heritage values of the Walshes’ house in both bulk and proximity.
The tribunal ruled that the impact of the new house next door was insufficient to negate the heritage value, or to warrant demolition.
The tribunal relied on a recent Supreme Court appeal on another heritage matter in its reasoning. It said approval of demolition would significantly undermine state and local heritage controls.
When the Walshes’ application came before the council last year, councillors said most local people wanted to preserve their heritage homes, especially in the top category.
Mr Walsh, a retired judge, addressed the council then, saying: “There is nothing unusual about demolishing an old house in Peppermint Grove. As far as I know, none has been opposed,” he said.
POST Newspapers – 14 May 2011
Cliffe block to be split?
BY BONNIE CHRISTIAN
The historic Cliffe house in Peppermint Grove is set to reside on a smaller block as the council considers a subdivision application.
Currently sitting on a 4777sq.m block high on Devil’s Elbow, The Cliffe will sit on 1630sq.m if the application is given support by the council later this month and then approved by the WA Planning Commission.
“The owner, Mark Creasy, is looking at trying to sell The Cliffe as a property in its own right on a smaller lot so it is more marketable,” David Chidlow, manager of development services, said at a forum meeting on Tuesday.
In an ongoing saga to save the 1895 jarrah weatherboard home, even after being twice removed from the State Register of Heritage Places and having three consecutive demolition approvals, Mr Creasy decided retaining the dilapidated building on a smaller block would appeal to a new owner who would be prepared to restore it.
At the May council meeting, councillors will consider approving an application to turn 2768sq.m of the land into a 1630sq.m block and an 1138sq.m block.
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