The State Administrative Tribunal (SAT) has decided in favour of the City of Subiaco, affirming the City’s decision to refuse a demolition permit for the buildings at 424-428 Hay Street which, if approved, would have resulted in the loss of local heritage.
Mayor David McMullen welcomed the long-awaited SAT decision.
“The City refused the demolition permit back in October 2022; a decision which the SAT has now affirmed as ‘correct and preferable’, dismissing the application for review. The effect of this decision is that approval for the demolition works is required under the City’s local planning scheme before a demolition permit can be issued.
“This is not the first time the City has won against this party in SAT, or seen their efforts rejected when they have tried to take every avenue they can think of under the planning system.
“The City has been abundantly clear right from the beginning. This site has significant development potential, and we want to see a high-quality development that celebrates – rather than destroys – the heritage in the existing buildings. Our community values its local heritage; and developers who want to do business here have a responsibility not to ignore that.
“These buildings have stood for over 100 years and have many more years in them. For reasons they have never cogently articulated to us, the owner of this site seems to want nothing more than to demolish the buildings; and all the stories, memories and heritage that they contain. Heeding the Tribunal’s decision, in the wake of this latest loss, they should demonstrate good corporate citizenship and cooperate from this point, so that we can get the scaffolding off, open up the footpath and see development occur at this prime location in the heart of Subiaco.”
What makes these buildings special?
These buildings have heritage significance and contribute positively to the Rokeby Road and Hay Street Heritage area – something that the WA Heritage Council has previously acknowledged.
The buildings at 424-428 were built in 1921 in the Federation Free Classical Style and are an aesthetically pleasing and cohesive example of an Inter War row of seven shops with residences at the rear.
The buildings contribute to the heritage area and provide an important context to landmark buildings such as the nearby Subiaco Hotel and Regal Theatre. Combined they help to present a balanced and authentic representation of the traditional aesthetic character of the City's town centre. Their loss would erode the heritage significance and character of the area as a whole.
History
- In February 2021, Hay Street was closed between Catherine Street and Rokeby Road after the owners of 424-436 (also known as 424-428) and 440 Hay Street (Sanur) advised the City of structural issues with these properties.
- In March 2021, Sanur lodged an application with the State Administrative Tribunal (SAT) after the City issued building orders which included stabilisation works to 424-436 Hay Street.
- In May 2021, Council resolved to refuse an application for development approval to demolish 424-436 and 440 Hay Street. Sanur did not make an application for this refusal to be reviewed by the SAT.
- In July 2021, SAT ruled in favour of the City, upholding building orders served on Sanur by the City in March 2021. As part of this ruling, stabilisation works were to be undertaken by August 2021, and remedial works were to be undertaken by September 2021.
- In October 2022, the City of Subiaco refused a demolition permit for 424-436 Hay Street. The demolition permit was made by the owner as an ‘emergency application’ citing there was risk of collapse, extreme risk to life and safety.
- In February 2023, Sanur lodged a proposed Improvement Plan for 450 Hay Street to the Western Australian Planning Commission (WAPC). The City made a deputation recommending the plan did not progress, which was successful in April 2023.
- In May 2023, Sanur submitted additional information relating to the proposed Improvement Plan, to which the City made another deputation. The Improvement Plan was rejected again in July 2023.
- In September 2023, Sanur lodged a Development Assessment Panel (DAP) application for the Hay Street properties, proposing the demolition of the buildings at 424-436 Hay Street.
- In December 2023, the DAP resolved to defer the decision on the proposal to demolish the properties until April 2024.
- In January 2024, the City was notified that Sanur lodged a SAT appeal against the DAP deferral as it had not made a decision within the required time limit. SAT subsequently invited the DAP to reconsider its decision as is general practice.
- In August 2024, DAP rejected the development application in favour of retaining the heritage buildings. Sanur decided to withdraw this SAT appeal.
- The SAT decision, revealed today, relates to the City’s refusal to grant the demolition permit for the application initially refused in October 2022. It followed a final hearing held at SAT in December 2024, where the decision was deferred and originally set to be handed down in March 2025.
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