Arden, 1045 Burke Road HAWTHORN EAST


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  • See also Architects Ussher and Kemp
  • Supreme Court backs VCAT on demolition of Arden home

  • HISTORY-NEWS-OCTOBER-NOVEMBER-2015-WEB.pdf
  • Arden: The bulldozer has arrived at 1045 Burke Road

  • On 21 August this year, wreckers began demolition of ‘Arden’, a beautiful Edwardian house built in 1906, at 1045 Burke Road, on the border of Camberwell and East Hawthorn,.
  • Coral Ross, Mayor of Boroondara, points out that ‘Arden’ was ‘notable for its unusual splayed corner on a Queen Anne design, which took full advantage of its corner site’.
  • ‘Arden’ was also significant for its garden, designed in 1928 by Edna Walling (1895-1973), one of Australia’s most influential landscape designers. And, while Walling was designing the garden, St Mark’s Anglican Church opened across Burke Road from ‘Arden’. The two complemented each other until last month.
  • Now house and garden are gone. What made Arden’s demolition notable was that it was ‘protected’ by a Heritage Overlay. This didn’t stop developer 1045 Burke Road Pty Ltd from asking Boroondara Council for a planning permit to demolish Arden and build a four-storey complex with 33 apartments.
  • Council refused because of the Heritage Overlay, but the developer went to VCAT. VCAT admitted ‘that the building has a level of significance such that demolition is not justified in terms of purely heritage considerations’, but went on to overturn Council’s refusal because ‘the loss of a representative example of a type of building [Arden] is balanced [my emphasis] against other objectives sought by the planning scheme’.
    • Council had argued that ‘balancing’ other issues against heritage was not appropriate and that VCAT should have considered heritage alone. Council took the case to the Supreme Court, but, in March 2014, it too ruled in favour of demolition.
    • The case went to the Appeals Court, which again upheld VCAT’s decision.
    • We might think that heritage protection makes a building safe from demolition for development, but these rulings mean that heritage will be balanced against other planning benefits. All too often, this is the case.
    • Is heritage just another consideration or should it be regarded as special and a priority? RMIT Professor Michael Buxton, speaking earlier this year on ‘protecting heritage’ at a History Victoria Support Group seminar held at the RHSV, said that heritage is the poor-relation and is considered last after all other competing priorities are considered. He implied that heritage should be on top of the list. Unless such priorities are drafted into the law, heritage will continue to take second place to other considerations.

VCAT has approved the demolition of a Federation home at 1045 Burke Road Camberwell. Pict
VCAT has approved the demolition of a Federation home at 1045 Burke Road Camberwell. Pict
  • Picture: CHRIS EASTMAN Source: News Limited
  • Apr 8, 2014 - A FEDERATION-style home in Hawthorn East can be torn down after the Supreme Court upheld a Victorian Civil and Administrative Tribunal .Arden, on the corner of Burke and Rathmines roads, was the subject of an application from a company called 1045 Burke Road Pty Ltd to build a four-storey building with 33 flats.
  • Boroondara Council rejected the planning application, but the decision was overturned at a VCAT planning tribunal.Public Backlash convener Mary Drost described the decision as “an absolute disaster”.
  • “What’s most worrying is that this is a listed, heritage house. It’s a very special house,” Ms Drost said.
  • “I believe this ruling now makes no heritage building safe.”
  • “People everywhere have been disturbed by this decision, because it could be the end of heritage in Melbourne. Read more...
  • Too late ... Historic Arden, in Hawthorn East will be knocked down to make way for a four-storey apartment block.
    Too late ... Historic Arden, in Hawthorn East will be knocked down to make way for a four-storey apartment block.

  • In the ruling handed down on March 27, Judge Karin Emerton said the tribunal did not err in granting the demolition.
  • “I accept the respondent’s submission ... that while an individual determination under the heritage overlay may produce a negative outcome in terms of heritage considerations alone, it must be integrated with decisions or assessments made in respect of other permit triggers and considered as part of the proposal as a whole,” Judge Emerton said.
  • “If the overall proposal may achieve an acceptable outcome, a permit for the proposal as a whole should issue.”
  • The initial application received 75 objections in a campaign led by neighbouring resident Kate Dear.
  • Ms Dear said she feared for the future of heritage homes in Hawthorn and Camberwell after the ruling.
  • “The system is weighted towards the developers,” Ms Dear said. “The development is too big for the block and it will overlook a heritage protected area.”
  • Public Backlash convener Mary Drost described the decision as “an absolute disaster”.
  • “What’s most worrying is that this is a listed, heritage house. It’s a very special house,” Ms Drost said.
  • “I believe this ruling now makes no heritage building safe.”

  • Boroondara Council gears up to take on Supreme Court over Arden home and `the vibe’ in Hawthorn East

    • GREG GLIDDON
    • PROGRESS LEADER
    • APRIL 08, 2014 2:59pm
  • A MELBOURNE council will appeal a Supreme Court decision to allow the demolition of a 120-year-old house in Hawthorn East.
  • Boroondara Council, in the city’s inner eastern suburbs, decided at an urgent meeting last night to fight the controversial decision.
Planning Backlash convener, Mary Drost has described the Supreme Court challenge as Boroondara’s “Castle” moment. Source: News Limited
    • Planning Backlash convener Mary Drost said it was Boroondara’s “Castle” moment.
    • “It is the vibe,” she said. “And the vibe surrounding Burke Rd was all wrong.
    • “People everywhere have been disturbed by this decision, because it could be the end of heritage in Melbourne.
    • “I’m absolutely thrilled the council has decided to take this further.”
    • Resident Kate Dear, who led a petition that attracted more than 75 objections, said she was also thrilled the council was appealing.
    • “I can understand why they are doing this and this decision could be a landmark for all other heritage decisions in the future,” Ms Dear said.
    • “I’m delighted to hear about the appeal and the quantum of people involved will be equally pleased.”
    • Boroondara Council had rejected the planning application, but the decision was overturned at planning tribunal VCAT.
    • VCAT argued it was entitled to consider a broad range of matters in determining whether to grant permission for the demolition, including the benefits of urban consolidation and the architectural quality of the replacement building.
    • Mayor Coral Ross said the council’s view was that considerations ought to be limited to the impacts on the significance of the building and the heritage value of the area.
    • “The Supreme Court has decided not to allow the review and has supported VCAT’s proposition that broader considerations are relevant when assessing applications to demolish heritage buildings,” Cr Ross said.
    • In the ruling handed down on March 27, Judge Karin Emerton said the tribunal did not err in granting the demolition.
    • “I accept the respondent’s submission ... that while an individual determination under the heritage overlay may produce a negative outcome in terms of heritage considerations alone, it must be integrated with decisions or assessments made in respect of other permit triggers and considered as part of the proposal as a whole,” Judge Emerton said.
    • “If the overall proposal may achieve an acceptable outcome, a permit for the proposal as a whole should issue.”
    • COMMENTS

Marika Dobbin
Marika Dobbin
Date July 2, 2013
Comments **3**

Marika Dobbin Reporter for The Age

Battles brewing over new zones

Too late ... Historic Arden, in Hawthorn East will be knocked down to make way for a four-storey apartment block.
Too late ... Historic Arden, in Hawthorn East will be knocked down to make way for a four-storey apartment block.
Too late ... Historic Arden, in Hawthorn East will be knocked down to make way for a four-storey apartment block.
Planning Minister Matthew Guy began the rollout of new planning zones for all Victorian councils on Monday. The changes are aimed at giving certainty to residents and developers about what can be built where.
  • "Mr Guy is big on quoting he is against inappropriate development, yet things like this are being approved consistently."
Councils, residents and developers will have 12 months to fight it out over which streets will fall into the new ''neighbourhood'', ''general'' and ''growth'' zones, with differing impacts for property values and development potential in each.

In with the new ... An artist's impression of the apartment complex on Burke Road that will replace Arden.
In with the new ... An artist's impression of the apartment complex on Burke Road that will replace Arden.

The new system comes too late for more than 100 residents who fought to save a historic house in Hawthorn East that is to be demolished to make way for a four-storey apartment block. The Victorian Civil and Administrative Tribunal on Monday granted a demolition permit for the heritage-listed house, built in 1906, to make way for 33 apartments.
  • Resident Terry Dear said while the house, called Arden, fronted busy Burke Road, it also overlooked a smaller road at the side and ''an entire heritage precinct that is now effectively ruined.
  • ''It's a beautiful old house with the highest heritage rating and is in amazing condition,'' he said. ''Mr Guy is big on quoting he is against inappropriate development, yet things like this are being approved consistently.''
Arden, a Federation house in Burke Road, East Hawthorn, is the subject of an application to build a four-storey building of 30 flats. Council received 75 objections during a campaign, led by resident Kate Dear.
  • "This proposal adds to the ever-growing number of this sort of development proposed throughout Hawthorn, Canterbury and Camberwell; it is quite alarming to wonder what is going to become of these gracious, leafy suburbs," Ms Dear said.
  • The Hawthorn Historical Society is alerting residents to 7 Riversdale Road, a brick Victorian house slated to be replaced by 33 flats. The house is next to the heritage-listed mansion Leongatha and is named in the 1992 Hawthorn heritage study.
  • "We certainly would support interim controls. Council, to their credit, have disallowed applications they think are inappropriate, but developers have no hesitation in going to VCAT," HHS president Shirley Ramsay said.

COMMUNITY activists are pressing the state government for interim controls to preserve historic houses until the new metropolitan planning strategy comes into force.
  • Planning Minister Matthew Guy was due to meet this week with leaders of about 20 residents' groups from around Melbourne, including the Boroondara Residents Action Group. The groups planned to ask for an extension for submissions to the new strategy, saying the deadline of March 1 does not give residents or councils enough time.
  • RL understands the groups also planned to ask Mr Guy to consider interim heritage protection while the strategy is devised.
  • "We have been battling to preserve our heritage areas, and we deplore the pulling down of houses that go back in time in Boroondara," BRAG president Jack Roach said.
  • The National Trust, which held an informal meeting of residents' groups on December 14, is believed to be in favour of interim protection.
  • The move comes amid campaigns to save two historic Boroondara houses.[1]

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'Arden' is an ornate tuckpointed brick Edwardian quietly secluded on a prime corner allotment spanning Burke and Rathmines Roads providing substantial family accommodation and excellent outdoor amenities including tennis court and in-ground pool.
  • A doctor's residence for 60 years, 'Arden' retains magnificent original character with upstairs CBD skyline view while superbly updated for exceptional modern living.
  • Offers five bedrooms including commodious downstairs main with WIR and opulent two-room marble ensuite enjoying sunken corner spa and bidet, a generous formal livingroom with delightful garden aspects (out the box window there remains a whisper of Edna Walling who designed a garden here for Sir Cecil Colville) and elegant sitting and dining rooms which are all independent while joining when desired for grand formal entertaining;
  • North-facing family room on polished Jarrah floors, a stunning granite Blanco-equipped kitchen, 2 further bathrooms, ducted heating and OFPs.
  • Welcome additions to this gracious attic-style home's great outdoors include a solar heated saltwater pool and spa plus N-S Mod-Grass floodlit tennis court creating a wonderful leisure and entertainment sanctuary. Also includes ample off-street parking for 4/5 cars and cellar. Land 1739m2 (18,720 sq ft)[2]


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  1. ^ http://www.theweeklyreviewboroondara.com.au/story/1186968/history-groups-urge-interim-heritage-controls/?cs=2398
  2. ^ http://www.jelliscraig.com.au/pid/6219