Executor of a late 1800s Gregory Street property Sue Guthrie said she had successfully been granted a 29A permit and with the heritage overlay on the cottage removed said Ballarat City Council had no power to stop her from selling, demolishing or removing the house.

The drawn out house saga started nearly two years ago when  Friends of the Ballarat Botanical Gardens group approached Ms Guthrie to see if the house could be moved to the Botanic Gardens, where it was originally built.

Ms Guthrie agreed to donate the house but $30,00 relocation costs and lack of funds have delayed the process.

On Wednesday councillors will vote on recommendations advise that there is no support for the relocation of the house located at 1414 Gregory Street to the Ballarat Botanical Gardens Precinct.

Cr Samantha McIntosh, who has previously fought to keep the house intact, said it was vital that the city’s heritage was retained and said strategies had been put in place to ensure the city maintained a holistic approach when it came to addressing heritage concern.

Councillors will vote on recommendations to confirm no financial commitment to the relocation of the house currently into the Ballarat Botanical Gardens. 

Council will vote whether to advise the owners of the property that council accepts the potential demolition or removal of the house from its current location and will take no action to prevent demolition or removal.

Ms Guthrie said the permit and removal of the heritage overlay in May meant council had no powers to prevent her from selling the house.

“We could’ve knocked it down months ago if we wanted,” Ms Guthrie said. She did not because she had heard Friends of Botanic Gardens group may still want to move the house.

“I have done everything in my power (to work with council and the society) but I can see (that the relocation) is not going to happen. 

“If they’d been serious about wanting to do something they would have sought funding to do it.”  

Cr McIntosh said all nine councillors had unanimously supported the new heritage initiatives “which will be a great guide for the challenges” cities like Ballarat, that have a growing population, face when trying to protect heritage..