A family will be allowed to demolish their “uninhabitable” North Fremantle property after the City of Fremantle council was ordered by the State Administrative Tribunal to reconsider its initial refusal.
The council approved the demolition of the North Fremantle home on Wednesday almost six months after it first refused the application.
The Herbert Street property has been the subject of a development battle since at least 2022.
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READ NOWThe owners have pleaded with the council to demolish the home, claiming it was a dilapidated property and caked in asbestos that had become “airborne” and “friable”.
It took a casting vote from mayor Hannah Fitzhardinge to overturn the decision at Wednesday night’s meeting after councillors were split 5-5.
It came much to the protest of nearby residents, who said the home contributed to the North Fremantle precinct’s heritage fabric.
Homeowner Venera Milanja urged councillors to approve the demolition and said she would compromise with neighbours on future house plans.
“I’m here for my family of three generations that I’m planning to have a home for so they’re not left on the street,” she said.
Ms Milanja claimed she was told at the sale of the house she was allowed to proceed with demolition.
A report submitted to the council in April last year confirmed parts of the house contained asbestos and could be a health risk.
“Walls throughout the toilet outside the kitchen towards the rear of the building are suspected to have been constructed with the use of asbestos-containing materials (ACMs),” it said.
“Sections of the wall sheets appear to be in poor condition, showing evidence of damage and deterioration.
“Damaged and deteriorated ACMs have a higher probability of releasing airborne asbestos fibres, creating a significant health safety risk.”
The council’s decision on Wednesday also allows the family to build a two-storey replacement dwelling on the Herbert Street site.
Resident Charles Nicholson said proceedings had become a “tangled mess” for the community.
“The purchase of (the property) appears to have been ill-informed,” he told councillors.
“The auctioneer on the day (of the sale) continued to claim ‘it’s not heritage listed, you can knock it down and build what you want’.”
Cr Doug Thompson urged councillors to stick with the City of Fremantle officer’s recommendation for refusal, maintaining the home could be developed without demolition.
“Over the years I have been to many number of North Fremantle houses that were in a far worse condition, “ he said.
“I don’t wear the argument that it’s not able to be effectively restored.”
The 1948-built home is not registered on heritage lists, but a heritage impact assessment said it remained a largely intact “inter-War era” house and was a contributory place in the North Fremantle heritage precinct.
That report also rebuked claims the property was dilapidated.
“Information provided by the applicant has shown that while the house needs to be refurbished and repaired, it is not structurally unsound and is in reasonable condition for a house of its age and construction,” it said.
Neighbours raised several concerns during a public submission period, including that the new development would “visually degrade” and reduce the heritage significance of the area.
An alternative recommendation from Cr Jenny Archibald to approve demolition of the property house and the development of a new one was eventually passed.
Cr Geoff Graham — who backed demolition in the council’s initial vote — urged councillors to support the alternative motion, arguing the “shocking” property would not be taken on by builders for restoration works.
“It’s just a house, it’s nothing more than a house,” he said.
“It doesn’t offer any significance to anything, anywhere. I don’t think there’d be one builder in Fremantle or WA who would take this project on.
“It’s a shocking site, absolutely shocking site.”