❓ A WA parliamentary question regarding the lack of maintenance and potential demolition by neglect of the privately owned Guildford Hotel, a significant state heritage asset. The Minister's response indicates no intention to intervene, citing owner responsibility and existing development approvals.
AnsweredQoN 761Legislative Assembly
QuestionView source ↗
I refer to the Guilford Hotel, and I ask: (a) given that it now faces a fifth winter without roofing or protection, what action, if any, does the Minister intend to take to ensure the maintenance of the structural integrity of the Guildford Hotel; (b) has the Minister considered the option of compulsory acquisition of the Guildford Hotel to prevent its demolition by neglect, and: (i) if yes to (b), why hasn't the Minister proceeded; and (ii) if no to (b), why not; (c) will the Minister table any advice provided to the former Minister for Heritage regarding compulsory acquisition and if no, why not; and (d) has the Minister considered the placement of a conservation order in order to prevent the ongoing public decay of this significant and highly visible state heritage asset, and: (i) if yes to (d), why hasn't the Minister acted on this; (ii) if no to (d), why not; and (iii) will the Minister table any advice provided to the former Heritage Minister regarding the placement of a conservation order and if not, why not?
AnswerView source ↗
Answered
6 August 2013
Responded by
Minister for Heritage
Response time
48 days
(a) The Guildford Hotel is privately owned, and its care is a matter for the owners. However, the owners provide the City of Swan with regular reports from a qualified structural engineer on the condition of the building as part of an ongoing monitoring program agreed with the City arising from an Order issued by the City under the
Local Government (Miscellaneous Provisions) Act 1960
in December 2009.
(b) No.
(i) Not applicable.
(ii) The owners have obtained development approval for the restoration and redevelopment of the Guildford Hotel from the City of Swan, subject to conditions, and they are also seeking tenants for the poroject. This is a clear determination on the part of the owners and the City of Swan that the Hotel is in a condition to effect conservation of its heritage value. Therefore, there is no case for interfering with the owner's right to repair, restore and redevelop their property in a manner that has the support of the Heritage Council.
(c) No. I have stated the Government's position on the matter of compulsory acquisition at this time.
(d) No.
(i) Not applicable.
(ii) A conservation order issued in respect of a place under s. 59 of the
Heritage of Western Australia Act 1990
may not compel the owner of the place to carry out any works, repairs or maintenance to prevent decay. A conservation order may only forbid persons generally from altering or damaging a place or from carrying out activities at the place that are specifically prohibited by the conservation order.
(iii) No. My previous answer explains the way in which a Conservation Order works.
Local Government (Miscellaneous Provisions) Act 1960
in December 2009.
(b) No.
(i) Not applicable.
(ii) The owners have obtained development approval for the restoration and redevelopment of the Guildford Hotel from the City of Swan, subject to conditions, and they are also seeking tenants for the poroject. This is a clear determination on the part of the owners and the City of Swan that the Hotel is in a condition to effect conservation of its heritage value. Therefore, there is no case for interfering with the owner's right to repair, restore and redevelop their property in a manner that has the support of the Heritage Council.
(c) No. I have stated the Government's position on the matter of compulsory acquisition at this time.
(d) No.
(i) Not applicable.
(ii) A conservation order issued in respect of a place under s. 59 of the
Heritage of Western Australia Act 1990
may not compel the owner of the place to carry out any works, repairs or maintenance to prevent decay. A conservation order may only forbid persons generally from altering or damaging a place or from carrying out activities at the place that are specifically prohibited by the conservation order.
(iii) No. My previous answer explains the way in which a Conservation Order works.
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