Demolition 'good to go'
THE Southern Downs Regional Council says there is no need for a fresh demolition application for the older of the two Plumbs Chambers site on Fitzroy St, despite the owners losing a court case over partial demolition of the second building.
As reported, legal advice obtained by heritage campaigner John Barnes, who brought the action last year against owners the McConaghy Group, was that the Planning and Environment Court decision in the case invalidated an early state government demolition approval for the timber Plumbs building at 82 Fitzroy St.
The building stands in the way of a planned expansion of Rose City Shoppingworld by the McConaghy Group, which had previously committed to keeping the sandstone Plumbs building at 84 Fitzroy St.
The Group won state heritage approval to demolish the rear section of number 84 but this was overturned in court. A council spokeswoman yesterday said council received its own legal advice that the court ruling did not affect the demolition approval at 82 Fitzroy St.
"This is because of preliminary decisions by Judge Rackemann on October 4, 2010 and December 12, 2010," the spokeswoman said.
"On October 4, 2010, he handed down a decision including approval of the demolition of 82 Fitzroy subject to conditions," she said.
"Then on December 12, 2010, he ordered that the appeal (by John Barnes) was limited to the partial demolition of 84 Fitzroy St and therefore the development approval as a whole is not void."