Council exhausts all reasonable legal challenges to stop historic home’s demolition
Redland City Council 16 Sep 2021

Redland City Council has exhausted all reasonable legal means available to protect a historic 136-year-old Queenslander home at Wellington Point from demolition.

Mayor Karen Williams said despite Council’s best efforts the property owners took the matter to the State Planning and Environment Court which this week ruled in favour of the new owner of the home at 509 Main Road, Wellington Point, allowing it to be demolished.

“The owners had planned to demolish the property earlier this year, prompting me to write to the State Government asking them to intervene,” Cr Williams said.

“Following my letter the Acting Minister agreed to issue a Stop Work Order on the proposed demolition of the Wellington Point homestead while the State Government considered listing the property on the State Heritage Register which they subsequently refused,” she said.

“Despite this decision, Council argued the property had local heritage values, with it included in a list of private properties proposed for protection on our local heritage register.

“In court, Council argued that the house should not be demolished because it was on the proposed register and had been assessed by consultants as having significant local heritage value.”

Local Councillor Wendy Boglary said Council also argued the property should not be demolished because Council had put in place an interim planning control – Temporary Local Planning Instrument 01/21 – Protection of Heritage Places (TLPI) – that required community consultation and approval by Council before any demolition could take place.

“Unfortunately the court did not agree, effectively allowing the demolition to proceed,” Division 1 Cr Boglary said.

“Council will continue to consider the future adoption of amendments to the Redland City Plan to ensure the protection of the remaining private properties proposed for listing on the local heritage register and appropriate support for their owners.

“We have also secured interim protection for the 45 properties proposed to be included on Council’s local heritage register through a TLPI, helping retain important local heritage.”