Palace Theatre Heritage Appeal Being Heard By Tribunal This Week

The protracted battle over the fate of beloved Victorian venue the Palace Theatre is being heard by the Victorian Civil & Administrative Tribunal (VCAT) this week as the battle comes to a head between aspirant developers Jinshan Investment Group and supporters of the theatre.

According to a report by Fairfax, National Trust representative lawyer Andrew Walker says the VCAT appeal is likely to become a "major test case" for the future of Heritage disputes. Although all sides of the debate acknowledge the Palace is constructed from "a mishmash of different building styles", and thus ineligible to be protected on Heritage grounds on an architectural basis.

However, Walker's argument for VCAT is that the building has demonstrable cultural value — in his words, "historical and social significance" — that should count towards its Heritage scorecard. As if to demonstrate the point, Melbourne City Council has since confirmed that it will oppose demolition of the theatre on any grounds.

"This is a major test case," Walker told The Age. "Heritage is generally testing the architecture [and] it's common ground that this building doesn't have architectural significance."

The Save The Palace movement — for which renowned performer Ezekiel Ox acted as spokesperson — has gained prominence in recent months off the back of several high-profile celebrity endorsements. However, as Fairfax reports, Jinshan Investment Group's lawyer Chris Canavan QC dismissed the relevance of such "celebrity advocacy". The developers remain determined to build a seven-storey hotel on the site of the Palace, to the point they commenced demolition — and then were forced to halt their progress — before the council had arrived at a decision on the site's Heritage application.

The consequent damage inflicted on the building led to an independent report in December of last year that concluded the theatre was no longer worth saving.

The intended result for Jinshan could, however, still be construed as a compromise of sorts, however unwilling; in their original 2013 submission, the developers had angled for a 30-level tower, including a 205-room hotel and 145 apartments — a proposal that ex-Planning Minister Matthew Guy denied.

The case will be heard by VCAT until Friday.