Tuesday, 21 June 2022

Southern Metropolitan Region

Mr HAYES (Southern Metropolitan) (12:15): (1850) My constituency question is directed to the Minister for Planning. On Sunday, 15 May, residents of Boroondara contacted me regarding the illegal demolition and destruction of the beautiful heritage Craymer gardens designed by Edna Walling at 146–148 Winmalee Road, Balwyn. Not only is this property situated in a heritage overlay but there are significant tree citations in the garden, including a lemon-scented gum and a cypress hedge. Since then, Boroondara council have identified the company that illegally removed the vegetation and followed up with appropriate action. However, given the very low fines that apply to this, there is not a disincentive to stop this from occurring again, or even punishment for those responsible. The residents would like to know why there is no tough legislation to protect heritage gardens from illegal demolition, which would complement the government’s new provisions under the Planning and Environment Act 1987 to prevent developers from benefiting from unlawful demolitions of buildings of significance.