A LANDMARK 136-year-old home near Wellington Point railway station faces demolition after developer Karam Boutique Investments successfully appealed to the Planning and Environment Court to have a state government stop work order overturned.
Judge Richard Jones said that Redland City Council - in appealing to the government to have a stop work order put on the property - had failed to provide any evidence that the house should be saved, including a report into local heritage places prepared by a consultant in 2016.
The state government intervened to temporarily halt demolition of the historic home in January, issuing a stop work order while the property was considered for listing on the state heritage register.
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Judge Jones said the acting minister did not have sufficient material available to properly consider the stop work order that was imposed.
"It would appear that the correspondence from (mayor Karen Williams) did not include the report prepared by the heritage consultant, nor any other material," he said.
Outside court, council said in a statement that it had exhausted all reasonable legal options to save the home at 509 Main Road.
The 1800s home, which sold for $1.25 million in December last year, was part of the historic Burnett estate.
Mayor Karen Williams said council argued the property had local heritage values and had been included on a list of private properties proposed for protection on council's heritage register.
"In court, council argued that the house should not be demolished because it was on the proposed register and had been assessed by consultants as having significant local heritage value," she said.
Council also argued the house should not be demolished because it had put in place an interim planning control, which required community consultation and council approval before demolition could take place.
Cr Wendy Boglary said council would consider amendments to the Redland City Plan to protect remaining properties proposed for listing on the local heritage register.
"We have also secured interim protection for the 45 properties proposed to be included on council's local heritage register through a TLPI, helping retain important local heritage," she said.
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