❓ Mr. Hyde questions the Minister for Heritage regarding the Guildford Hotel's restoration, focusing on delays, owner responsibility, and government powers to intervene. The Minister's response clarifies the roles of the City of Swan and the Heritage Council, highlighting limitations in compelling owners to act and outlining potential acquisition powers.
AnsweredQoN 4125Legislative Assembly
QuestionView source ↗
With reference to the Guildford Hotel and the Heritage Council-commissioned report by Wood and Grieve that advised that the building should be made water tight as soon as possible, I ask;
(a) is the Minister aware that the owners are justifying not roofing the hotel for another couple of years on the basis of advice from engineering firm Structerre;
(b) has the Minister or Heritage Council received a copy of the Structerre report referred to by the owners of the Guildford Hotel;
(c) is the Minister satisfied that the terms of reference of the Structerre report relate to the preservation of the Hotel as a heritage building;
(d) what role does the City of Swan have in ensuring the restoration of the Guildford Hotel;
(e) are the Minister and Heritage Council satisfied that the City of Swan has fulfilled all statutory requirements associated with conserving the Guildford Hotel;
(f) is the Minister or Heritage Council aware of news reports published on Perth Now and in the Midland Reporter (on 11 March 2009 and 31 August 2010 respectively) quoting Mr Luke Martino, owner of the Guildford Hotel, as saying the plans to restore the Hotel were hampered by an inadequate insurance payout and the economic downturn;
(g) have the owners made either the Heritage Council or Minister aware of these financial difficulties and have the owners applied for any heritage grants or other assistance from the Government;
(h) in the event that the owners of the Hotel are unable or unwilling to implement key recommendations of the Wood and Grieve report in a timely manner, what powers are available to the Minister or Government to implement the measures needed to protect the building from further damage through exposure to weather;
(i) what actions do the Minister or Government intend to take to ensure the Hotel does not deteriorate to the point that restoration is not feasible;
(j) what powers do the Minister or Government have to acquire the Guildford Hotel compulsorily if there is reasonable belief that the owners are unable or unwilling to prevent ongoing weather damage to the building; and
(k) what actions will the Minister or Government take against the owners if the Guildford Hotel building is lost due to the current delay in making the building water tight?
(a) is the Minister aware that the owners are justifying not roofing the hotel for another couple of years on the basis of advice from engineering firm Structerre;
(b) has the Minister or Heritage Council received a copy of the Structerre report referred to by the owners of the Guildford Hotel;
(c) is the Minister satisfied that the terms of reference of the Structerre report relate to the preservation of the Hotel as a heritage building;
(d) what role does the City of Swan have in ensuring the restoration of the Guildford Hotel;
(e) are the Minister and Heritage Council satisfied that the City of Swan has fulfilled all statutory requirements associated with conserving the Guildford Hotel;
(f) is the Minister or Heritage Council aware of news reports published on Perth Now and in the Midland Reporter (on 11 March 2009 and 31 August 2010 respectively) quoting Mr Luke Martino, owner of the Guildford Hotel, as saying the plans to restore the Hotel were hampered by an inadequate insurance payout and the economic downturn;
(g) have the owners made either the Heritage Council or Minister aware of these financial difficulties and have the owners applied for any heritage grants or other assistance from the Government;
(h) in the event that the owners of the Hotel are unable or unwilling to implement key recommendations of the Wood and Grieve report in a timely manner, what powers are available to the Minister or Government to implement the measures needed to protect the building from further damage through exposure to weather;
(i) what actions do the Minister or Government intend to take to ensure the Hotel does not deteriorate to the point that restoration is not feasible;
(j) what powers do the Minister or Government have to acquire the Guildford Hotel compulsorily if there is reasonable belief that the owners are unable or unwilling to prevent ongoing weather damage to the building; and
(k) what actions will the Minister or Government take against the owners if the Guildford Hotel building is lost due to the current delay in making the building water tight?
AnswerView source ↗
Answered
11 November 2010
Responded by
Minister for Heritage
Response time
30 days
(a) Yes.
(b) No.
(c) Not applicable.
(d) Under the
Planning and Development Act 2005
, the City of Swan is the decision-making authority in relation to the restoration and redevelopment of the Guildford Hotel. Under the
Heritage of Western Australia Act 1990
, the City is required to refer any proposed works to the registered place to the Heritage Council for advice. The City is required to make a decision on the proposal that is consistent with the Heritage Council's advice.
Under Part XV of the
Local Government (Miscellaneous Provisions) Act 1960
, the City of Swan has certain powers to order repairs be made to buildings that it deems to be neglected or dilapidated.
(e) There are no statutory requirements on the City of Swan associated with conserving a heritage place. However, the City of Swan has, quite correctly and to the benefit of the place, exercised its discretionary powers under Part XV of the
Local Government (Miscellaneous Provisions) Act 1960
to require the owners, through a Section 403 'Dangerous Building Notice' to make the building secure and safe. This caused the owners to complete the clearance of debris, protect adjacent public areas, secure and stabilise the extant heritage fabric of the building.
(f) Yes.
(g) No.
(h) There are no provisions in the
Heritage of Western Australia Act 1990
that require owners to maintain registered places to certain standards. There are also no powers that enable the Minister for Heritage or the Heritage Council to compel an owner to undertake certain works.
(i) Through the Heritage Council, the Office of Heritage will continue to work constructively with the owners and the City of Swan as plans for the repair and redevelopment of the whole of the Guildford Hotel site progress. This will include providing feedback and advice on any development proposals put forward by the owners with a focus on delivering a balance between retention of significant heritage values and sustainability as a means of achieving the best heritage outcome for the place.
(j) If, having formed the opinion that a place having cultural heritage significance is in jeopardy, Section 73 of the
Heritage of Western Australia Act 1990
empowers the Minister for Heritage to commence proceedings under the
Land Administration Act 1997
to acquire the property.
(k) There are no powers in the
Heritage of Western Australia Act 1990
that enable the Minister for Heritage or the Heritage Council to take action against an owner with regards the maintenance or condition of a place.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
(b) No.
(c) Not applicable.
(d) Under the
Planning and Development Act 2005
, the City of Swan is the decision-making authority in relation to the restoration and redevelopment of the Guildford Hotel. Under the
Heritage of Western Australia Act 1990
, the City is required to refer any proposed works to the registered place to the Heritage Council for advice. The City is required to make a decision on the proposal that is consistent with the Heritage Council's advice.
Under Part XV of the
Local Government (Miscellaneous Provisions) Act 1960
, the City of Swan has certain powers to order repairs be made to buildings that it deems to be neglected or dilapidated.
(e) There are no statutory requirements on the City of Swan associated with conserving a heritage place. However, the City of Swan has, quite correctly and to the benefit of the place, exercised its discretionary powers under Part XV of the
Local Government (Miscellaneous Provisions) Act 1960
to require the owners, through a Section 403 'Dangerous Building Notice' to make the building secure and safe. This caused the owners to complete the clearance of debris, protect adjacent public areas, secure and stabilise the extant heritage fabric of the building.
(f) Yes.
(g) No.
(h) There are no provisions in the
Heritage of Western Australia Act 1990
that require owners to maintain registered places to certain standards. There are also no powers that enable the Minister for Heritage or the Heritage Council to compel an owner to undertake certain works.
(i) Through the Heritage Council, the Office of Heritage will continue to work constructively with the owners and the City of Swan as plans for the repair and redevelopment of the whole of the Guildford Hotel site progress. This will include providing feedback and advice on any development proposals put forward by the owners with a focus on delivering a balance between retention of significant heritage values and sustainability as a means of achieving the best heritage outcome for the place.
(j) If, having formed the opinion that a place having cultural heritage significance is in jeopardy, Section 73 of the
Heritage of Western Australia Act 1990
empowers the Minister for Heritage to commence proceedings under the
Land Administration Act 1997
to acquire the property.
(k) There are no powers in the
Heritage of Western Australia Act 1990
that enable the Minister for Heritage or the Heritage Council to take action against an owner with regards the maintenance or condition of a place.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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