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‘Cowboys’ could face jail over illegal demolitions

The pub, popular with students, was destroyed without a permit.

The pub, popular with students, was destroyed without a permit. Photo: ABC/Gloria Kalache

So-called “cowboy” developers who illegally knock down buildings in Victoria could face big fines and jail time under law changes driven by the demolition of a 159-year-old Irish pub in Melbourne.

Developers who order or carry out building work without a permit could now be jailed for up to five years, face a $466,380 company fine, or an individual fine of $93,276.

But the developers who illegally demolished the Corkman Irish Pub in Carlton in October will not be punished under the Andrews Government’s new laws because they are not retrospective.

New injunction powers will allow courts to intervene to stop illegal building or demolition work and building inspectors’ regulations will be strengthened.

The legislation changes were also in response to a fire at the Lacrosse apartment tower in Docklands in 2014, which was built with sub-standard flammable cladding.

Developers ‘can’t thumb their nose at the law’

Planning Minister Richard Wynne said the tougher penalties should deter developers from illegally knocking down buildings.

“This Government will not tolerate this cowboy developer behaviour,” he said.

“We said we would review penalties after the Corkman pub was demolished and after the Lacrosse fire so that fines are a deterrent and not the cost of doing business in Victoria.”

The Government has already introduced five-year jail terms and big fines for developers who demolish or damage heritage-listed buildings.

Opposition spokesman David Davis said he strongly supported the legislation.

“Irresponsible developers should not be able to thumb their nose at the law and at the community.”

The Government and City of Melbourne have sought an enforcement order from the Victorian Civil and Administrative Tribunal to ensure the developers rebuild the Corkman in line with the design of the original building, which was protected by a heritage overlay.

The Victorian Building Authority, WorkCover and Environment Protection Authority are also investigating the demolition.

– ABC

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