A BALLARAT heritage enthusiast says he is stunned a permit to construct a four-storey, 63-apartment complex was made by 'delegated authority', skipping public approval by Ballarat councillors.
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Demolition is believed to have started at a property at 205 Peel Street Ballarat East, the final property that needs to be removed to make way for a planned multi-storey apartment complex, which was approved by the City of Ballarat in December 2018.
The almost $36 million development was first announced in March 2018 with the City of Ballarat confirming a planning permit had been issued for a four-storey multi-dwelling apartment complex on December 13, 2018.
As there were no objections to the proposal, the decision was taken to approve the development by 'delegated authority'. Councillor's The Courier spoke to on Tuesday said there were significant discussions over the proposal, but no objections were tabled at the time.
Stuart Kelly, of Ballarat Heritage Watch, said he was shocked that such a large plan never went to public debate.
"It's been talked about a lot and it's been a worrying trend that council haven't been involved in planning approvals as much as they should be," Mr Kelly said.
"I don't know who or what makes the decision if something goes to council or not. However, a near $36 million development should go through council.
"It definitely needs some clarity about how decisions like this are made."
Victoria's Planning and Environment Act 1987, section 61A states: "any permit issued by the council officer is taken to be a permit issued by the municipal council as the responsible authority".
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It means if there are no objections then a council officer has the right to issue a permit as the delegated authority.
In some rural councils, developments over $2 million are brought before council for a vote, however this is not law.
In a statement the City of Ballarat said "Councillors may call in any matter and the community has a right to petition their ward councillor to call in a matter".
The property at 205 Peel Street, which abuts the Eastern Oval, was first granted demolition permission in 2010 alongside properties which stood at 203 Peel Street and 33 Scott Parade.
At the time, two of the properties were unoccupied, with the property at 205 Peel Street the final one to be cleared.
The land and buildings are owned by Haymes Paints, which runs a retail store nearby. Multiple calls and messages by The Courier to chief executive officer Rod Walton since Monday have not been returned.
Council has confirmed a planning permit exists for the site.
"The proposal comprises demolition of the dwelling at 205 Peel Street North, Ballarat, and all structures except the external walls of 4 Davies Street, which would be incorporated into the design of the proposed four-storey development," a council spokesperson said.
"The proposal sought a reduction in car parking for commercial use by 86 spaces on site. A Traffic Impact Assessment determined surrounding car parking and accessibility from nearby areas would deem the reduction appropriate."
A 'high priority' of City of Ballarat's planning scheme amendment in October last year was the preparation of a compact city plan, which says it will "encourage 50 per cent of future housing development to occur in established neighbourhoods".
Major infill projects in the works include the Bakery Hill vision, which covers 17 hectares and was approved by councillors in November last year, the St Paul's Way project which will take several years to complete and will include a mix of apartment buildings and townhouses of up to 85 dwellings and the Nightingale Apartments in Davey Street which is underway after VCAT approved their developing in March this year.
The City of Ballarat did however confirm that the subject site was within a Heritage Overlay and had complied with required guidelines.
"The Humffray Street Heritage Precinct and the applicant have complied with the requirements of the 'Recording a Heritage Place' guidelines prior to demolition and have undertaken the necessary archival recording of the building," the council statement said.
"The permit was issued on December 13, 2018 and is still within the statutory time frame for commencement of the development by December 13, 2020. The completion time frame is December 13, 2022.
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