A 1920s heritage-listed Kilkenny shopfront has been partially demolished after a technical “glitch’’ resulted in its owner being wrongly informed that demolition approval was not required.
The owner, who is believed to be in ill-health, is “devastated’’ over the consequences of calling wreckers to 30 Wilpena Tce, after consulting a PlanSA website that stated no approval was needed to clear the site, said real estate agent Jo Lawless, who is now attempting to sell the property on his behalf.
“He’s almost had a breakdown over this,’’ Ms Lawless said.
“It was a glitch between the (Charles Sturt) Council and PlanSA (computing systems). The systems weren’t talking to each other…and he went on the planning website…and was told council permission was not required to demolish.
“So he called in the demolishers and they got one wrecking ball in and…in comes the council (to halt demolition work).
“He just thought he would get more (money) for the land (if it was sold as a vacant allotment).
“He paid $13,000 to those demolishers. He thought he was doing the right thing.’’
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The former shop at Kilkenny has been listed for sale with price hopes of $350,000.
The shop has been partially demolished after a glitch on the Plan SA website falsely advised the owner that it was OK to do so.
A screenshot of the Plan SA website, clearly showing that demolition approval was not needed for 30 Wilpena Tce, Kilkenny. Picture: Supplied.
After Charles Sturt Council intervened, the owner was required to submit an application for demolition, which was rejected at last month’s council assessment panel meeting.
Members of the public who attended the meeting said the council “stepped back’’ its criticism of the owner after acknowledging that proper notification that the building had been heritage listed was “not very clear’’.
In a statement, council chief executive officer Paul Sutton said “we are aware at one point, (the planning website) incorrectly indicated that (demolition) approval was not required’’.
“The incorrect information in the PlanSA inquiry wizard (website) was an error,’’ Mr Sutton said.
However, after further inquiries by this publication to PlanSA, the council issued a second, and slightly amended, statement.
“It was reported by the owner to City of Charles Sturt Council that the planning and design code search facility on the PlanSA website stated that no demolition approval was “necessary,’’ the new statement said.
“The planning and design code search facility on the PlanSA website now correctly states demolition approval is required.’’
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More internal damage.
The original shopfront kitchen.
A view of the rear yard.
The Department for Housing and Urban Development also issued a statement, which said information on the PlanSA website was indicative only and “confirmation should be gained from the local council or an independent accredited professional before commencing development’’.
It said there was no reason to believe the website had previously stated demolition approval for 30 Wilpena Tce was not required.
The uncertainty surrounding the shopfront, which in more recent times has been used as a rental home, has become an issue of contention among Kilkenny residents, who appear divided over whether it should be demolished or restored.
Steve Sutton, who unsuccessfully ran for Charles Sturt Council at the 2022 local government elections, said the building had been vandalised by squatters in recent years.
He said a tree had also fallen on the building, smashing the original veranda and causing damage to the front façade.
Mr Sutton, who was at last month’s council assessment panel meeting, believed the owner needed to sell the building to fund his retirement.
“Every person in the (meeting) room just felt for their (the owner and his wife’s) predicament,’’ he said.
“I just hope they can sell it and make an absolute fortunate – but I can’t see how that’s going to happen (given the building’s current state).’’
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Charles Sturt CEO Paul Sutton says council was aware that, at one point, the vendor did not require demolition approval on the Plan SA website.
Mr Sutton said it was not the first time a technical error had resulted in incorrect information about a heritage-listed building.
He said when his family sold an 1890s cottage some years ago, online checks made no mention the property was heritage listed, prompting a different real estate agent to incorrectly list it as having development potential.
“There’s a lot of system failures in that whole process (of providing notifications of a property’s heritage status),’’ Mr Sutton said.
“If she (the agent) had sold it for a development, only to have then found there was a heritage listing, she could have potentially lost her licence.’’
Ms Lawless said there was no such confusion over the sale of 30 Wilpena Tce, with the listing clearing stating the façade was heritage-listed and must be retained.
In part, the listing states: “Who says you can’t polish a T!%#. If you laugh at these pictures you are not a nice person’’.
Ms Lawless said the listing was “tongue-in-cheek’’ and had generated enormous interest in the property.
She said the building, which was listed with a price guide of $350,000, could possibly fetch more than $400,000 when it goes to auction on March 30, given the publicity it had received.
“At the end of the day, I think I’m going to get more for it as it is (partially demolished) than I would have got for the vacant piece of land,’’ Ms Lawless said.
– By Lauren Ahwan
English (US) · 