❓ This WA parliamentary question seeks clarification on the legal status and implications of municipal heritage listings on residential properties, including consultation processes, owner obligations, and removal procedures.
AnsweredQoN 360Legislative Assembly
QuestionView source ↗
(1) What is the status of a municipal heritage listing on a residential property?
(2) Are local government authorities bound to consult with, or notify, a property owner about a listing?
(3) Is a municipal heritage listing binding on the owner?
(4) If so, in what way?
(5) Can an owner have such a listing removed?
(6) How would such a removal proceed?
(2) Are local government authorities bound to consult with, or notify, a property owner about a listing?
(3) Is a municipal heritage listing binding on the owner?
(4) If so, in what way?
(5) Can an owner have such a listing removed?
(6) How would such a removal proceed?
AnswerView source ↗
Answered
31 July 2001
Responded by
Minister for the Environment and Heritage
Response time
49 days
(2) Local Governments are bound under section 45 of the Heritage Act to compile their inventories 'with proper public consultation'. In practice, that normally involved prior consultation with individual property owners and has been advocated by the Heritage Council of Western Australia in its guidelines to local government since 1992.. (3) & (4) As previously indicated, Inventories do not of themselves impose any legal constraints on development. However there is an expectation that the local government will in due course provide protection to the local heritage through the provisions of the local town planning scheme. (5) An owner can certainly request that. However, the Crown Solicitor's Office advises that inventories must be compiled on the grounds of cultural heritage significance alone. The removal of heritage places from an inventory simply because an owner requests it, would undermine the intent of the inventories, and the Heritage of Western Australia Act definitely does not sanction that approach. (6) A local government would formally resolve to remove a place from the inventory, and it would then simply be removed in the record and the Heritage Council advised in accordance with the Act. The Heritage Council advocates that any proposed removals be considered in the context of an annual update or a four-yearly review, rather than on an ad-hoc basis.
(3) & (4) As previously indicated, Inventories do not of themselves impose any legal constraints on development. However there is an expectation that the local government will in due course provide protection to the local heritage through the provisions of the local town planning scheme. (5) An owner can certainly request that. However, the Crown Solicitor's Office advises that inventories must be compiled on the grounds of cultural heritage significance alone. The removal of heritage places from an inventory simply because an owner requests it, would undermine the intent of the inventories, and the Heritage of Western Australia Act definitely does not sanction that approach. (6) A local government would formally resolve to remove a place from the inventory, and it would then simply be removed in the record and the Heritage Council advised in accordance with the Act. The Heritage Council advocates that any proposed removals be considered in the context of an annual update or a four-yearly review, rather than on an ad-hoc basis.
(5) An owner can certainly request that. However, the Crown Solicitor's Office advises that inventories must be compiled on the grounds of cultural heritage significance alone. The removal of heritage places from an inventory simply because an owner requests it, would undermine the intent of the inventories, and the Heritage of Western Australia Act definitely does not sanction that approach. (6) A local government would formally resolve to remove a place from the inventory, and it would then simply be removed in the record and the Heritage Council advised in accordance with the Act. The Heritage Council advocates that any proposed removals be considered in the context of an annual update or a four-yearly review, rather than on an ad-hoc basis.
The removal of heritage places from an inventory simply because an owner requests it, would undermine the intent of the inventories, and the Heritage of Western Australia Act definitely does not sanction that approach. (6) A local government would formally resolve to remove a place from the inventory, and it would then simply be removed in the record and the Heritage Council advised in accordance with the Act. The Heritage Council advocates that any proposed removals be considered in the context of an annual update or a four-yearly review, rather than on an ad-hoc basis.
(6) A local government would formally resolve to remove a place from the inventory, and it would then simply be removed in the record and the Heritage Council advised in accordance with the Act. The Heritage Council advocates that any proposed removals be considered in the context of an annual update or a four-yearly review, rather than on an ad-hoc basis.
(3) & (4) As previously indicated, Inventories do not of themselves impose any legal constraints on development. However there is an expectation that the local government will in due course provide protection to the local heritage through the provisions of the local town planning scheme. (5) An owner can certainly request that. However, the Crown Solicitor's Office advises that inventories must be compiled on the grounds of cultural heritage significance alone. The removal of heritage places from an inventory simply because an owner requests it, would undermine the intent of the inventories, and the Heritage of Western Australia Act definitely does not sanction that approach. (6) A local government would formally resolve to remove a place from the inventory, and it would then simply be removed in the record and the Heritage Council advised in accordance with the Act. The Heritage Council advocates that any proposed removals be considered in the context of an annual update or a four-yearly review, rather than on an ad-hoc basis.
(5) An owner can certainly request that. However, the Crown Solicitor's Office advises that inventories must be compiled on the grounds of cultural heritage significance alone. The removal of heritage places from an inventory simply because an owner requests it, would undermine the intent of the inventories, and the Heritage of Western Australia Act definitely does not sanction that approach. (6) A local government would formally resolve to remove a place from the inventory, and it would then simply be removed in the record and the Heritage Council advised in accordance with the Act. The Heritage Council advocates that any proposed removals be considered in the context of an annual update or a four-yearly review, rather than on an ad-hoc basis.
The removal of heritage places from an inventory simply because an owner requests it, would undermine the intent of the inventories, and the Heritage of Western Australia Act definitely does not sanction that approach. (6) A local government would formally resolve to remove a place from the inventory, and it would then simply be removed in the record and the Heritage Council advised in accordance with the Act. The Heritage Council advocates that any proposed removals be considered in the context of an annual update or a four-yearly review, rather than on an ad-hoc basis.
(6) A local government would formally resolve to remove a place from the inventory, and it would then simply be removed in the record and the Heritage Council advised in accordance with the Act. The Heritage Council advocates that any proposed removals be considered in the context of an annual update or a four-yearly review, rather than on an ad-hoc basis.
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