Before a building can be demolished, the report and consent of Council must be obtained, known as a Section 29A consent. A Section 29A consent is issued pursuant to the Building Act.
When an application is made for report and consent Council considers whether the building is of sufficient heritage significance that it should be retained and therefore report and consent refused. Council can seek to apply heritage protection to buildings that are proposed to be demolished that are not currently in a Heritage Overlay.
The report and consent of Council is required prior to the demolition of any building if:
the proposed demolition amounts to the demolition of more than half the volume of the building; or
the demolition is of any part of a building’s facade facing the street.
Parts of a building that are covered by a roof should be included in calculation of the volume, and unroofed areas should not be included. Internal demolition not reducing the volume of a building should not be included in calculation of the volume.
Council must provide the report and consent within 15 business days of receipt of the application. The 15 days start when Council receives a copy of the application. The day the request is lodged is not included in the 15 business days.
If Council does not respond within 15 days, and a planning permit is required for the demolition (for example if the building is in the Heritage Overlay) but has not been obtained, Council is deemed to have refused its consent.
It is therefore essential to establish whether a planning permit is required for the demolition and, if so, whether it has been obtained. The building surveyor should normally have already established the situation before applying for report and consent. The application can then be determined in accordance with the deemed response.
To apply for a report and consent complete the application form and include payment of the fee - $59.62.