Three properties to receive heritage protection, one rejected

This came after all four properties were lost in the same motion in the April council meeting due to concerns about difficulties in removing a pair of dangerous palm trees at the Katandra West property and the burden that the Gowangardie property would impose on the owners.

Council documents acknowledge that the removal of dangerous trees can still be accomplished even if a heritage overlay is present.

The motion to reject the Gowangardie property included commencement of the process to remove a Section 173 agreement that restricted changes to the site.

The property was sold at auction to new owners on October 14, 2022 and the agreement was put into place by the previous owners on December 22 of the same year.

The purchase of the property was settled in June of 2023.

The new owners were not aware of the agreement until they were informed through the council resolution process in May 2026.

Cr Anthony Brophy said the agreement presented “legitimate concerns regarding purchaser awareness, procedural fairness, transparency and whether the current owners knowingly accepted these restrictions”.

An emergency order was issued in December 2025 that described the site as four derelict buildings in poor condition, unfit for occupancy and a threat to life.

Cr Geoff Akers said that management of these four buildings could not be justified, especially on private property.

Cr Akers emphasised the advisory nature of the heritage committee and said councillors “aren’t elected to be rubber stamps”.

The application for heritage protection could still be approved, as it must also be considered by Victorian Planning Minister Sonya Kilkenny.