Again - Just before Christmas!

It has been quite a saga.  We saw a surge of activity at the Old Swanbourne Hospital in the middle of the year and then it has been very quiet for several months.

I got curious last week and checked out the Western Australian Planning Commission site.  I typed western+australian+planning+commission+Lot+12040+Mt+Claremont into Google  and the fourth hit I got produced the agenda and attachments for the meeting of WA Planning Commission Statutory Planning Committee meeting held on Tuesday 26 July 2011.  You can download the agenda and minutes from here (be warned - its a 13 MB file) - and the reading is very interesting.

In summary, the WAPC have over ruled resident's wishes about access to the new development and provision of parking from St John's Wood Boulevard by allowing for the possibility  a parking facility to be created on the Public Open Space between Montgomery Hall  and St John's Wood Boulevard.

This is what the WAPC recommendation to the Statutory Planning Commission says (referring to the community feedback provided to the revised outline development plan (see my earlier post):

 It is cute, but technically correct  to say that "Access from St John's Wood Boulevard is not proposed". 

However, the  WAPC officers tell the Committee that "it is proposed that  access to the parking area be provided via the proposed vehicle access point currently shown on the ODP which is marked for service vehicles only.  It is proposed that there would be one access point to the parking area and then branches off to provide access for service vehicles to the Montgomery Hall undercroft area." 

I wonder if the Committee members realised that "the proposed vehicle access point"  is from Abbey Gardens  - which runs off St John's Wood Boulevard - and that therefore the only way for traffic to access the proposed parking on the Public Open Space  is from St John's Wood Boulevard - via Abbey Gardens. 

You can see this in the map below which is from the papers of the Statutory Planning Committee meeting on 26 July 2011.  The comments in reference to the POS on the left hand side of the site have been blanked out in the Committee papers - but this is where the parking is proposed - accessed from Abbey Gardens.

The WAPC Statutory Planning Committee on 26th July, 2011 approved the recommends put to them and summarised above. 

The WAPC then conveyed their decision of the 26th July to the City of Nedlands with exquisite timing management -  in effect leaving the council officers only until 6th December 2011 for a response.  The City of Nedlands administration secured an extension to 14 December  2011, which allows the City of Nedlands Planning Committee to meet and consider the issue on 29th November 2011 - giving just enough time to respond by the 14th December.

Again - just before Christmas - when people are away and minds are distracted!  And in this case, with a new Mayor and Councillors just getting their feet under the desk.

Again, the Administration Staff at the City of Nedlands have been firm and clear in their recommendations to the Council.  In the papers to be considered at the Council meeting on 29 November, the City Administration recommend:

What can you do?

1.  Telephone and email your local councillors and ask them to stand firm in their support of the recommendations from the Council Staff.
 2.  Turn up and speak on the matter at the Council Committee meeting at 7pm on 29th November 2011.  You need to register your intention to speak on Agenda Item D71.11 and you will have a few minutes only to make your point if you are granted permission to speak to the item.  You are just asking Committee Members to support the recommendations of the City Administration and Planning Staff.

If you are not familiar with this story - go back through previous blog posts.  Mt Claremont people have been consistent on this matter since before the current owner bought the Old Swanbourne Hospital.  Access to the site was always to be via Heritage Lane - and this was the set of planning guidelines under which the property was sold to the current owner.

David Thomas

Lets just get on with it!

Isn’t it wonderful to see transparent and accountable local government processes at work! 

During May, starting with a committee meeting on Tuesday 10^th May and then a full council meeting later in May, the City of Nedlands will consider the recommendations regarding the developer’s Outline Development Plan (ODP) for the Old Swanbourne Hospital  (OSH).  Readers may recall that the WA Planning Commission recently approved the developer's revised ODP for advertising by the City in order to obtain public feedback. 

The City has now assessed the submissions made during the recent public consultation period ( 8 March to 29 March). 

It's worthwhile downloading the City’s reports (look under "reports" for the May 2011 link) that will be considered by the City of Nedlands committee and reading them carefully.  Among other information there is a very useful detailed chronology of all the events that have transpired with the Old Swanbourne Hospital over recent years.

If you are short of time here is my summary. 

Profile of Public Submissions

There were 157 submissions, of which the majority of 84 (54%) had no objection to the revised ODP. 

There were a further 10 submissions with no objection subject to various provisos, and a further 58 submissions objecting to the ODP.  Finally there were 5 more submissions expressing various views but neither supporting or objecting .  

You  can see my position in my earlier post .   

The City officers have summarised the public submissions in some detail. 

Concerns or views were expressed about the amount of public open space, the public access and view corridors across the site and the preservation of the heritage buildings, preserving trees on site and height of the development. 

There was also support for some of the community agreed 2005 plan elements such as not allowing access to and across the site by vehicles entering from St John’s Wood Boulevard.

Recommendations to the City of Nedlands

In its response to the submissions, the City officers have made a recommendation that the City approve the ODP subject to conditions that reflect the public input and which also seek to maintain consistency with the City of Nedlands Town Planning Scheme No. 2 (which contains the planning parameters agreed through the 2005 and 2006 community consultation process and endorsed by the Heritage Council of WA). 

I have copied the recommendations in full below.

I think the City officers have done a great job in capturing the views and concerns expressed through the public submissions, and I support the recommendations they have put forward. 

Let’s hope the City Councilors support their officers and continue to maintain the integrity and transparency of the community consultation process conducted prior to the sale of the property to the current owner.

Mt Claremont People want to see the beautiful heritage buildings in the heart of our community used and loved in the way we agreed  – let’s get on with it!

Working with Local Government to develop trust

There was a very good article by Robert Harley in the property pages of the Australian Financial Review on the 31st March this year.  I have copied the first part of it here. 

Discussing the difficulties in obtaining planning approvals for property development in Australia, Harley discusses a 400 page report by the Productivity Commission which has analysed the difficulty developers have in obtaining approvals for projects in Australia.  The Commission quotes research from the World Bank which places Australia at the 10th place globally for the ease of doing business - but 63rd for the ease of gaining construction approvals.

The Productivity Commission report finds that all three levels of government are responsible for the failure of the planning approval process and refers to the problem as objective overload. In other words, too many parties have too much opportunity to object!

Harley states that the key problem is that "Australian planning does not differentiate between those who make the rules and those who implement them". 

So what's the solution?

Harley paraphrases the key Productivity Commission recommendations as follows:

1. States and communities should set the rules. 
2. Applications under the rules should be independently and transparently assessed.
3. Developers then have to stick  to the rules.

As Harley says,  "too often the money is made by bullying approvals".

The Productivity Commission finishes it's findings by recommending that mechanisms should be established that enable early resolution of problems, community engagements, simplified zones, improved assessment criteria, better transparency and accountability.

Harley then concludes by referring to comments made by leading Australian town planner Robert Day at the recent Urban Design Institute of Australia (UDIA) conference.  Day argues that developers and communities could work together.  He says "the art of town founding needs to be rediscovered". 

He refers to successful town planning projects such as the Ellenbrook project in WA and says these "reap the benefits of rapport with local communities, municipalities and local government agencies".

Secretive and opaque planning approval processes have no place in this vision for community engagement.  And too often - particularly in recent times in WA - we have seen developers adopting the approach of making money "by bullying approvals".

The community consultation process before the sale of the Old Swanbourne Hospital resulted in a plan we all agreed to.  I hope the Minister for Heritage rejects any recommendation to transfer planning approval away from our local government - which is trying to keep the development of the site consistent with that plan.

Old Swanbourne Hospital Petition tabled in the WA Parliament

Thank you to each of the 785 people who signed the petition requesting that the Legislative Council of the WA Parliament ask that the WA Minster for Heritage not proceed with the proposal by the Heritage Council of WA to transfer planning control over the Old Swanbourne Hospital to the WA Planning Commission.  I have attached a copy of the WA Parliament Website showing that the petition was the third presented to the Legislative Council this year.

I gave more detail about the content of the petition in an earlier post.

The petition was tabled by Hon Giz Watson on the 17 March 2011 and is now before the Legislative Council's Environment and Public Affairs Committee, which is chaired by Hon Brian Charles Ellis MLC.  The other members of the Committee are shown below.

As I understand it, the WA Parliament is unique in Australian parliaments in having a standing committee whose purpose includes the consideration of petitions.  Sometimes the standing committee will hold hearings into the petitions presented to it if there is a matter of sufficient public interest. 

So now we watch with interest to see if the Minister for Heritage takes note of the petition to the Legislative Council in his consideration of recommendations to him from the Heritage Council of WA on this matter.

We are also waiting for two other outcomes:

1. The decision of the Minister for Heritage after he has received advice from the Heritage Council of WA on the public submissions made in response to the rushed proposal to remove the City of Nedlands from planning control over the Old Swanbourne Hospital.

2.  The City of Nedlands to consider the public submissions made in response to the advertising period for the revised Outline Development plan released a few weeks ago for public comment.

Once again thank you to all who signed the petition - and it is very good to see it tabled in our Parliament.  




 

What a curious tale - and cautious support for the OSH Outline Development Plan!

I discovered this sign outside the Old Swanbourne Hospital on a recent walk.  It is on the land designated as public open space around the heritage listed buildings  and was placed by City of Nedlands. 

 The sign advises that the proposed outline development plan is available for inspection online and at the Mount Claremont library and the Administrative Centre.  There was also an open day today (16 March) at the Mt Claremont Community Centre which I hope some Mt Claremont People had time to go to ( I am in Sydney at the moment so wasn't able to attend).

If you go online to the City of Nedlands website, you can download the Outline Development Plan approved by the WA Planning Commission in February 2011 for advertising by the City. 

You can also download some other very interesting documents, including the submission by the City of Nedlands to the Heritage Council of WA - in response the the proposal by the Heritage Council of WA to remove the City of Nedlands from planning control over the Old Swanbourne Hospital site.  The submission is worth a read - it demonstrates clearly that the Heritage Council has pretty flimsy grounds for seeking to transfer planning control to the WA Planning Commission.

Another interesting read is the Council Resolution  in August 2010 approving the owner's proposed Outline Development Plan (ODP) in principle, subject to some amendments that were recommended to bring the  ODP back closer to the community agreed plan developed in 2006. The Council then sought permission from the WA Planning Commission to advertise the ODP for community comment.

You can't help wondering what was going on at the WA Planning Commission between August 2010 and its decision in February 2011 to finally approve the ODP for comment (5 months).  Perhaps the Commission was simply bogged down in it's work and has only just gotten around to considering this matter?

Anyway, Mt Claremont People are being asked for comment on the revised ODP, with submissions due to the City of Nedlands by 5pm on 29th March, 2011.  I made the time tonight to sit down and read through the revised ODP carefully, to make up my own mind.

Let's have a refresher on the plan we all agreed on in 2005 (double click on the image and it will get bigger):

 The 2011 revised ODP approved for advertising by the WA Planning Commission  contains the following plan (the 2010 is a typo - I think it should read 2011):

 You can see that the two plans are now getting closer - which is good news. 

In my post of 8th March, I suggested we needed to watch out for the following things:

Higher buildings than approved (the SAT rejected a tall structure out of context with the heritage buildings)
 

My Comment: It appears that the new buildings will be limited to 10 meters in height from the level of the ground in the central courtyard.  This is less impact than earlier proposals - SO SEEMS ACCEPTABLE.

Less Public Open Space (we wanted maximum public open space) 

My Comment:  The revised plan introduces the concept of "Private Open Space" in the area overlooking John XXIII school - but with public access through it.  I'M NOT SURE - We will need to watch for the devil in the detail here!  Total Public Open Space is 10% of the area which is just adequate. 

Access from St John's Wood Boulevard (we wanted access from Heritage Lane).

My Comment:  The ODP is clear in saying Heritage Lane is to be retained as principle means of access for vehicular access (page 38).  This aspect is critical to residents of St John's Wood Boulevard - so it appears the owner has dropped plans for an entry statement from the Boulevard - great news!  See my post of January 12 2011 .

Gated community (we wanted open access around the heritage buildings)

My Comment:  Again - I am a little bothered by the concept of "Private Open Space".  

Greater plot density (we wanted density similar to the surrounding Mt Claremont subdivision)

My Comment:  It seems that density is now more consistent with the 2005 community agreed plan.

CONCLUSION

My conclusion is that the revised ODP is an acceptable outcome.  However I believe the best outcome is that expressed by the City of Nedlands in their Council Resolution of August 2010, when they approved the owner's draft ODP subject to some amendments, which were designed to bring the plan back closer to the Community Agreed Plan of 2005.  So I have made my submission to the Council supporting their August 2010 Resolution.

This is what I said:

The proposed outline development plan approved for Advertising by the WA Planning Commission on 8th February 2011 is closer to the Taylor Burrell Barnett Plan of 2005 than previous plans submitted by the current owner, and in this respect this is a positive outcome.

However, the Taylor Burrell Barnett Plan of 2005 was developed after a very well run community consultation process
and best reflects the wishes of the Mt Mount Claremont community.

It remains my preference that the concepts developed in this plan, and subsequently incorporated into  the City of Nedlands Town Planning Scheme No. 2
(and specifically  Local Planning Policy:  Old Swanbourne Hospital Conservation Precinct) are implemented.

I urge the City of Nedlands to remain consistent with their Resolution passed by full Council on 24 August 2010, which is copied below, and carried important
amendments which have not been incorporated into the current Outline Development Plan approved for advertising by the WA Planning Commission on 8 February 2011:

Council:
1.    in principle supports the proposed Outline Development
Plan submitted on 21 May 2010 for referral and statutory
advertising only, subject to the following conditions:
a)    changes to the text as shown in the marked up
document    attached    an    Annexure    3    being
incorporated into the document; and
b)    that changes as shown on the plan entitled Outline
Development Plan 706-143 ST1F 06.05.2010.dwg
being incorporated into the document;
2.    refers the marked up document showing changes to the
text and map to the proposal submitted on 21 May 2010 to
the WAPC for consent to advertise; and
3.    refers the proposed ODP City’s marked up document and a
copy of the original to the Heritage Council for information
and comment
            
I also wish to commend the City of Nedlands for seeking to maintain a planning framework for the Old Swanbourne Hospital that is consistent with the principles established during the community consultation during the years 2003 to 2005, not withstanding the delays caused
by the owner's appeal processes in recent years.



Please make sure you get your submission to Council by the closing date of 28th March.

And in the meantime, we could still see the Minister for Heritage accept a recommendation from the Heritage Council of WA to suspend the City of Nedlands planning powers over the Swanbourne Hospital Conservation Precinct and pass them to the WA Planning Commission.  If he made this decision it would over ride the current community consultation process about the revised ODP and planning for the site would be totally in the hands of the bureaucrats of the WA Planning Commission.

So stay alert and keep lobbying your local councilor and Member of Parliament while we wait for the Heritage Council of WA to make it's recommendation to the Minister.

City of Nedlands Outlines the Facts - and another tight deadline!

The residents of Mount Claremont received this letter from the City of Nedlands Mayor  Sheryl Froese a few days ago.

This is the first page:

and this is the second page:

Some readers may remember an earlier post on January 14 when I speculated about a Plan A or Plan B strategy.

Plan A:  Under the Heritage Council of WA's Heritage of Western Australia Act 1990, The Minister transfers planning authority to the Western Australian Planning Commission and the owner agrees on a development strategy with the pubic servants working for the Commission.  No more need for time consuming and frustrating public consultation!   


Or the fallback:

Plan B:  The Western Australian Planning Commission approves the revised ODP, the Nedlands City Council advertises it for comment, and people of Mount Claremont have the opportunity for input.   Nedlands City Council remains the planning authority, under the watchful eye of the Planning Commission.


So - from reading the Mayor's letter, it seems we now see Plan B swinging into action!




Despite being caught in a pincer movement between:


a) the Heritage Council of WA and its proposal to suspend the Town Planning Scheme No 2 as it applies to the Old Swanbourne Hospital on the one hand - 


and 


b) the WA Planning Commission's tactical timing  in approving the advertising of the revised ODP for the Old Swanbourne Hospital on the other hand (just after the public submission period closed for the Heritage Council's proposal) ;


 - the Council is doggedly continuing in it's efforts to preserve the intent and wishes of Mt Claremont people about the development framework that should apply to the Swanbourne Hospital Conservation Area. 


What to do now?


While we wait for the Minister for Heritage to receive recommendations from the Heritage Council of WA following the analysis of the public submissions, please make sure that you have a look at the Outline Development Plan (ODP) for the Old Swanbourne Hospital approved by the WA Planning Commission - which will be advertised for public comment back to the City of Nedlands for only 21 days - from Tuesday 8th March to Tuesday 29th March.


The proposed ODP is available for viewing at the City of Nedlands administrative office at 71 Stirling Highway, Nedlands, at the City's libraries and online at nedlands.wa.gov.au .


In her letter copied above, Mayor Froese warns us that the proposed ODP approved for advertising by the WA Planning Commission contains plans that "are significantly different to the city's proposed development plans" - which are based on the original community consultation.


Look out for:


Higher buildings than approved (the SAT rejected a tall structure out of context with the heritage buildings)
Less Public Open Space (we wanted maximum public open space)
Access from St John's Wood Boulevard (we wanted access from Heritage Lane)
Gated community (we wanted open access around the heritage buildings)
Great plot density (we wanted density similar to the surrounding Mt Claremont subdivision)


After you have had a look at the proposed ODP - make sure that you let City of Nedlands know what your views are by the closing date of 29th March.  


As requested in the Mayor's letter, either write to the City of Nedlands:


The Chief Executive Officer
City of Nedlands
PO Box 9,
Nedlands  WA   6009


or 


ring the City of Nedlands Planning Services on 9273 3500


or 


send an email to:  council@nedlands.wa.gov.au


The City of Nedlands needs your input and support and individual councillors need to know that people are interested and watching this process.  


Over to you.

2 thought provoking letters

 

Two very thought provoking and well written letters in the Subiaco Post on 19 February.  It does seem as though the developers are now resurgent in the Western Suburbs.  

Thank you to all who made submissions by 18th February to the Heritage Council of WA opposing the Council's proposal to ask the Minister for Heritage to suspend the community agreed plan for the Swanbourne Hospital Conservation Area - incorporated into the City of Nedlands Town Planning Scheme Number 2.  

We now wait to get news of the recommendation the Heritage Council makes to the Minister for Heritage after they have reviewed all the submissions they have received.  In the meantime - watch the press, talk to your neighbors, and stay alert!

Communication from the owner of Old Swanbourne Hospital

I found this brochure in my letter box this evening.  Again - good to see some communication from the owners.  You can read the message in the brochure on a new website too:  www.oldswanbournehospital.com .  Read it and make up your own mind.  You may also want to check out the website for the developer mentioned in the brochure :  www.watersunproperty.com.au . It has details of the proposed development (which involves the 14 residential lots and either 52 or 34 apartments).

Just one little point of clarification - I haven't seen any communication from the City of Nedlands on this matter since the meeting between the Heritage Council of WA and the City of Nedlands just before Christmas.  You can read all about that remarkable meeting in an earlier post. So I don't think it is correct for the brochure to refer to "misrepresentation by the City of Nedlands".

Please make sure you have made your submission to the Heritage Council of WA by the  18th February.  If you want to retain the community agreed plan - which is expressed in the City of Nedlands Town Planning Scheme No 2 - then oppose the proposal by the Heritage Council to transfer planning authority to the WA Planning Commission.

Scaremongers?

I have been traveling and missed this letter from the Old Swanbourne Hospital owners published by the Subiaco Post on 5th February.  Great to see the views of the owners.  Read it carefully and make up your own mind.  

If you want to see the community agreed plan implemented - please write to the Heritage Council by 18th February and object to the proposal to transfer planning control over the Old Swanbourne Hospital to the WA Planning Commission.

NO REASON TO DELAY MATTERS FURTHER SAYS COUNCILLOR

This is a great letter from Councillor Irene Tan in the Post Newspaper on 29 January.

No need to say any more really.

Please make sure you send your submission to the Heritage Council of WA opposing their proposal  to transfer planning authority over the Swanbourne Hospital Conservation Area to the WA Planning Commission.


You need to get your submission in by 18 February 2011.

Engaging communities in decision-making processes

Thinking more about the Old Swanbourne Hospital, I was reading today about some of the work of the Urban Design Centre (UDC) - which is a not for profit organisation devoted to improving the quality of urban places in Western Australia.  The UDC was established in 2004 by the WA State Government Department of Planning and Infrastructure, Curtin University and the University of WA.  You can read more about their focus on the UDC website.

I particularly liked their mission statement:

In all its work the UDC seeks to:

• create livable, sustainable communities,
• enhance the public realm,
• preserve natural and cultural resources,
• promote economic prosperity, and
• engage communities in decision-making processes.

Starting in 2003 and finishing in 2005, the WA Government worked with the Heritage Council of WA, the City of Nedlands and consulted and engaged with the Mount Claremont community through a well run process that contained all of the elements summarised by the UDC's mission statement.

We have agreed on a well considered plan that is designed to preserve and enhance the heritage value of the Old Swanbourne Hospital, as well as provide ample capacity for the owner to profit from its development.  Let's stick with the Nedlands Town Planning Scheme No. 2.  Please write to the Heritage Council of WA opposing their move to transfer planning powers over the site to the WA Planning Commission.

A Letter from the Heritage Council of WA Executive Director

I have copied a letter from Heritage Council of WA published in the Post on 22 January 2011 (copied above).  The letter makes the following points:

1.  (I quote) "the Heritage Council's primary concern is the conservation of these iconic buildings and is very concerned that delays in redeveloping the site have resulted in the buildings deteriorating and being subject to vandalism and other damage"; and
2. "One way to resolve the impasse between the developer and City of Nedlands is to transfer planning approval to the WA Planning Commission; and
3.  "The WAPC would consult with Nedlands on any development on the site.  The final decision would be consistent with the advice of the Heritage Council which has the statutory responsibility to ensure a positive heritage outcome for state-registered places."; and
4.  The Heritage Council has provided a two month period to lodge submissions, which close on February 18.


At face value this all sounds eminently reasonable.  But what the letter doesn't say is:

1.  The City of Nedlands has been trying to keep the developer to the terms of the community agreed plan - which was developed through a process facilitated by the WA Government, the Heritage Council itself and the City of Nedlands and then incorporated into the City of Nedlands Town Planning Scheme No 2 - the very scheme that the Heritage Council of WA is now trying to suspend through the use of the a little used clause in the Heritage of Western Australia Act 1990.  The property was then sold to the developer for $6.65 million in 2005 subject to the terms of this community agreed plan.

2. The Heritage Council of WA has contributed to the delays in the development of the site and through actively supporting the developer (since the sale by the WA Government) in appeals against the City of Nedlands Town Planning Scheme No 2 Guidelines - most recently in the developer's unsuccessful appeal to SAT in 2008.

3.  The City of Nedlands approved the revised Outline Development Plan submitted by the developer in May 2009 and in August 2010 approved advertising of the revised Outline Development Plan.  Since then the the City of Nedlands has been waiting for the WA Planning Commission to consent to the revised Outline Development plan being advertised for public comment.

4.  When the Heritage Council originally announced to the City of Nedlands on 14 December 2010, just before the Christmas holidays, that it was intending to move to suspend the Town Planning Scheme, the period for public submissions was originally to close on 14th January.  The City of Nedlands was able to persuade the Heritage Council to extend the period for a further month, to 18th February.  Why was there a rush to complete the public consultation over the Christmas and New Year holiday?  You can read more about this remarkable chain of events
here in an earlier post.

It seems to many Mt Claremont people that the "impasse" referred to in the letter from the Heritage Council is actually caused by the developer (with the support of  the Heritage Council) trying to move outside the parameters of the community agreed plan.

Please make sure you send a letter to the Heritage Council by the 18th February objecting to the proposal to suspend the City of Nedlands Town Planning Scheme and transfer planning control to the WA Planning Commission.

Your letter must be signed and dated and should be sent to:

The Executive Director,
Office of Heritage,
PO Box 6201,
East Perth  WA   6892


Thanks for your support


David Thomas

Interesting Article in the Post Newspaper

You can read more in the Minister for Heritage's press release.

PLEASE HELP COLLECT SIGNATURES FOR A PETITION

Mt Claremont Residents Association members collecting petition signatures at the Mt Claremont Growers Market

I had a lot of fun today talking to residents and visitors to the Mount Claremont Growers Market . We collected dozens of signatures from people concerned at the Christmas Eve announcement by the WA Government that all planning control over the Old Swanbourne Hospital would be transferred to the WA Planning Commission, removing our elected local government from the approval process.

Our petition is to the WA Parliament Upper House - called the Legislative Council - calling on the Members of the Legislative Council to recommend to the Minister for Heritage that he does not proceed with the proposed Order removing the City of Nedlands from planning control over the Old Swanbourne Hospital.

The Residents Association petition is full of legal language, but is drawn from the language used in the Notice published in the Western Australian Government Gazette just before Christmas.  You can download a PDF file copy of the Notice from here.

You can help us collect more signatures for the petition by downloading the petition from here   in Word format, printing off some copies, collecting signatures on the form and then delivering or mailing them to the address at the foot of the petition.  Please - this is important:

- don't change any of the words - because the Legislative Council is very particular about how petitions need to be worded.
- send in the ORIGINAL document - not a copy.

You don't have to be a Mount Claremont resident to sign the petition, you just need to be a resident of the State of Western Australia.

You can also send an email to the Mount Claremont Residents Association at president@mountclaremont.org offering your support if you would like to help the Association collect petition signatures or distribute flyers.

Thanks for your support.

David Thomas

THE VALUE OF GREEN OPEN SPACE

Those of us who have been lucky enough to visit Central Park, in the middle of New York City, will agree that it is the green vibrant source of energy and peace that the city life revolves around.

In      recently, Michael Messner wrote an article titled Olmsted's ideals could help solve our real estate mess .  He was referring to the decision 150 years ago by New York City to accept a proposal from the great American landscape architect, Frederick Law Olmsted, to create a beautiful park in the middle of Manhattan Island.  If you read the history this was a controversial proposal because Olmsted's proposal would cost $13 million to build the park, which was a massive amount of money at that time.

Olmsted's views prevailed and the city approved the construction of Central Park. As Messner writes:

"Olmsted went on to transform dozens more cities, leaving a priceless legacy of vibrant, beautiful cityscapes.  And, in the process he increased property values".

17 years after the creation of Central Park, Olmsted went back and tracked the value of land around the Park and found that the city's $13 million investment investment had led to an astonishing increase in the value of the land that bordered the park by $209 million.

Again, to quote the article:

"The architect (Olmsted) recognised what many planners still fail to grasp:  Parks and managed green open space are vital pieces of urban infrastructure that not only improve the quality of life for millions of people but also drive economic growth"


A lot of Mount Claremont people use the public open space around the Old Swanbourne Hospital for exercise, recreation and to enjoy the open vistas and views.  The original plan approved through the community consultation organised by the WA Government in 2004 and 2005 maximised the amount of managed green open space possible while still providing for full preservation of the beautiful heritage buildings and a mix of residential development that will provide good development profit to the private owner.

The best way to maximise the amount of green open space on the site  is to keep to the plan we all agreed and which the WA Government promised in 2006 that the new owner would have to abide by.  This is the plan incorporated into the City of Nedlands Town Planning Scheme No. 2 - which the WA Government now wants to suspend.  If the WA Government goes ahead with this proposal and grants full planning authority to the Western Australian Planning Commission, we will lose the capacity to have our local elected government hold the owner to the plan we agreed to, and under which the property was sold.

We want the development to proceed as soon as possible, but under the guidelines agreed to by the community and the WA Government.

Please write to the Heritage Council of WA by 18 February objecting to this proposal to transfer planning control to the Western Australian Planning Commission.

You need to send a signed letter to:

The Executive Director,
Office of Heritage,
PO Box 6201,
East Perth  WA  6892

Thanks for your energy and support.

David Thomas

WHAT'S BEEN HAPPENING SINCE THE SAT OUTCOME IN 2008?

As we know, the owner's appeal against the City of Nedlands planning decisions was rejected by the WA State Administrative Tribunal in late 2008.

I have been wondering what has been happening since then and the Christmas Eve announcement by the Heritage Council in 2010?

I then remembered a letter I had received from the City of Nedlands in late August 2010.  From talking to other Mount Claremont People I know that the letter was sent to a lot of other residents in Mount Claremont.

I pulled out the letter and it saw that it was advising residents that on 24 August 2010 a revised Outline Development Plan (ODP) submitted by the owner was approved to by the Council subject to conditions.  The Council intended to then submit the ODP to the Western Australian Planning Commission for their approval to advertise the draft plan.

I am not really sure what is in the revised ODP because it has not yet been advertised for public submissions.

The letter went on to say that if the Western Australian Planning Commission approved the ODP, it would be advertised in November 2010 for public comment and consultation.

Attached to the letter was a schedule of events that have occurred since the property was sold by the WA Government to the owner.  I have copied the most recent events above and you can access the full document from the link on the sidebar.

Can we  assume that because the ODP wasn't advertised, the Western Australian Planning Commission wasn't happy to approve the ODP?

Then, before just before Christmas this year, the Heritage Council of WA announced that the Minister for Heritage intended to suspend the City of Nedlands Town Planning Scheme No. 2 and transfer  total planning authority over the Old Swanbourne Hospital  to the Western Australian Planning Commission.

Is this a Plan A, Plan B strategy?

Plan A:  Under the Heritage Council of WA's Heritage of Western Australia Act 1990, The Minister transfers planning authority to the Western Australian Planning Commission and the owner agrees on a development strategy with the pubic servants working for the Commission.  No more need for time consuming and frustrating public consultation!  

Or the fallback:

Plan B:  The Western Australian Planning Commission approves the revised ODP, the Nedlands City Council advertises it for comment, and people of Mount Claremont have the opportunity for input.   Nedlands City Council remains the planning authority, under the watchful eye of the Planning Commission.

Though Plan B is more preferable than Plan A - I prefer neither.  However - it looks like that is the way this game is being snookered!

The best outcome is to develop the Old Swanbourne Hospital under the community agreed guidelines under which the property was sold by the WA Government to the owner and as contained in City of Nedlands Town Planning Scheme No. 2.

Please make a strong  submission opposing the proposed move to transfer the City of Nedlands planning powers to the Western Australian Planning Commission by writing to the Heritage Council of WA by the closing date for public submissions - 18th February,  2010.

Your submission must be in the form of a signed written letter, addressed to:

The Executive Director
Office of Heritage,
PO Box 6201,
East Perth  WA  6892



David Thomas

WHAT TO SAY IN YOUR LETTER TO THE HERITAGE COUNCIL OF WA

I have had quite a few requests for guidance about what to say in the letter to the Heritage Council of WA.

So I will post some draft words below.

But remember to make your letter personal and reflecting your particular concerns.

You must sign it and it must be a hard copy letter delivered or posted to the the following address by 18 February:

The Executive Director
Office of Heritage,
PO Box 6201,
East Perth  WA 6892

Before we get to the draft letter,  I sat on my plane coming home tonight and crystalised in my mind what I am really concerned about.  There are four main points I would make:

1. The Community Agreed on a Plan:  That after significant investment of time over several years by the City of Nedlands, the WA Government, the Heritage Council of WA, and the residents of Mount Claremont, an  agreed Development Plan was ratified by Heritage Council of WA and incorporated into the City of Nedlands Town Planning Scheme No. 2.  The property was then sold by the WA Government to the owner subject to the conditions agreed through this well run consultative process.

2.  It's not the Council's fault the project is delayed: That since then, the City of Nedlands has been forced to resist several attempts by the owner to overturn key elements of the community agreed development plan, most recently to the SAT.  The Heritage Council of WA assisted the owner in his appeal to the SAT.  Now the City of Nedlands is being demonised in the press as the reason for the delay in the commencement of development.

3.  A wonderful little discovery of Clause 38:  The Heritage Council of WA has now discovered a way through the little used Section 38 of the Heritage of Western Australia Act 1990 to remove the Old Swanbourne Hospital from being subject to the City of Nedlands Town Planning Scheme No. 2.  If the Heritage Council of WA is successful,  all planning decisions will be made by the public servants who work for the WA Planning Commission - and these decisions will not be bound by any of the planning guidelines of our local government authority (such as height of buildings, plot density, road access, removal of heritage buildings and so on).

4. Just before Christmas:  By initiating this move just before Christmas when people are away and during Australia's peak holiday season, and with a very short time for people to respond with submissions, the process is demonstrably cynical, patronising, and secretive - abandoning any pretences of good, fair, transparent and inclusive urban planning.

So - here's my suggested wording below.

Thanks for your action.

David Thomas



The Executive Director,
Office of Heritage,
PO Box 6201,
East Perth WA


Dear Sir,


Heritage of Western Australia Act 1990
Notice of Measures Proposed Requiring Legislative Amendment
Swanbourne Hospital Conservation Area

I wish to advise  you that I am opposed to the Notice of Measures Proposed Requiring Legislative Amendment pursuant to the Heritage of Western Australia Act 1990 (the “Act”) announced in the Government Gazette on 17 December 2010 (reference HR402) and published by the Department of Heritage.  I understand that under the Section 38 of the Act, the Minister for Heritage proposes to issue an Order to be cited as the Swanbourne Hospital Conservation Area Order 2011 (the “Order”) in relation to the land shown in Certificate of Title Volume 2121 Folio 149 and described as Lot 1204 on Diagram 75983 –known as the Swanbourne Hospital Conservation Area (the “Land”).  

The Order will result in the suspension of the following written laws currently applying to the Land:

1.      The City of Nedlands Town Planning Scheme No. 2 (“TPS 2”) and any subsequent local planning scheme made pursuant to the Planning and Development Act 2005;

2.      Any codes, standards, or policies made pursuant to the written laws referred to in (1) above.

The effect of the Order will be to remove the Land from the development control requirements of TPS 2 and give the Western Australian Planning Commission sole responsibility for development approval on the Land, pursuant to the Metropolitan Region Scheme.

My understanding is that TPS 2 incorporates the recommended development guidelines for the Land that were developed through a process of extensive consultation organised by the City of Nedlands, the Department of Housing and Works and the Heritage Council of WA over the period from 2003 to 2005 with the residents of Mount Claremont and other interested parties prior to the sale of the Land by the WA Government to the current owner.  I wish to commend the   City of Nedlands for consistently seeking to hold the owner of the Land to the terms of TPS 2, most recently through a successful defence of the terms of TPS 2 before the State Administrative Tribunal (reference 2008 – WASAT 274).

I  respectfully request that the Heritage Council of WA recommend to the Minister for Heritage that the proposed Legislative Amendment is not proceeded with, and instead that the recommended development guidelines for the Land, as outlined in TPS 2, are preserved. 

I am keen for the development of the Swanbourne Hospital Conservation Area to proceed as soon as possible, under the planning guidelines agreed with the community, ratified by the Heritage Council of WA  and incorporated into the City of Nedlands Town Planning Scheme No. 2.

Yours Sincerely,

ROAD ACCESS TO OLD SWANBOURNE HOSPITAL

Someone dropped this document into my letter box earlier this year.  The plan is dated 27 January 2010 and shows a revised Outline Development Plan Proposal for the Old Swanbourne Hospital.  You can download the file from the link on the sidebar.

It completely overturns the wishes of the residents regarding road access to the Old Swanbourne Hospital.  A clear feature of the community agreed plan in 2005 (which was then approved by the Heritage Council of WA and incorporated into the City of Nedlands Town Planning Scheme No. 2) was that all road access (other than service vehicles to Montgomery Hall) was to be via Heritage Lane.

The plan copied above shows an Entrance Statement from St John's Wood Boulevard, and that the vehicle access from Heritage Lane "to be controlled".

If the WA Planning Commission is granted planning control over the road access arrangements to Old Swanbourne Hospital, there will be no obligation at all for them to respect residents wishes regarding traffic access arrangements.

Please write to the Heritage Council of WA objecting to the planning control over the Old Swanbourne Hospital being removed from the City of Nedlands and granted to the WA Planning Commission as proposed in the Ministerial Order Proposed by the Heritage Council of WA. You need to get your letter to them by February 18.

Write to:

The Executive Director,
Office of Heritage,
PO Box 6201,
East Perth  WA 6892


David Thomas

QUEENSLAND FLOODS - TIME TO HELP

I have been devastated by the calls from colleagues and media coverages of the floods in Queensland.

Please donate to the QLD Premiers Flood Appeal. It was heartening to see tonight that over $35 million has been donated already - but I fear a lot more than that will be needed.

Thank you

David Thomas

The plan we agreed on for Old Swanbourne Hospital in 2004 and 2005

We argued, talked, compromised and agreed on a plan

Over a 3 year period starting in late 2003 and concluding in early 2005, the WA Government conducted an extensive and well run process of consultation with the residents of Mount Claremont and other interested parties through the Department of Housing and Works. The objective of the consultation was to identify the best possible use for the Old Swanbourne Hospital Conservation Area, which had lain dormant since 1987 and the subsequent  subdivision and sale of the surrounding land as the new suburb of Mount Claremont during the 1990's.

You will find a lot of material about this consultation process now stored in the National Archives including minutes of the meetings of the Working Group overseeing the community consultation, which was facilitated by Mr John Savell  from the Department and  comprising the Mayor of the City of Nedlands (who was then Laurie Taylor),  Nikola Horley (Councillor - City of Nedlands), Mr John Peirce (Local Resident), Frank Pitman (Department of Housing and Works), Daniel Arndt (City of Nedlands), Mr Bill Burrell (from the planning firm Taylor Burrell Barnett), Sally Birkhead (Taylor Burrell Barnett) and Lara Watson from the Heritage Council of WA.  

There were many meetings with residents and submissions received from other members of the public exploring uses for the Heritage Buildings, and in the end, through much compromise on all sides, the community agreed on the redevelopment guidelines for the site, prepared in consultation with the Heritage Council of WA. 

The property was then put up for sale through a tender process, subject to these redevelopment plans. The WA Department of Housing and Works reported in 2005 on its website that the WA Government had agreed to the sale for $6.65 million to Sealcrest Pty Ltd as Trustee for the Swanbourne Development Joint Venture, saying  that:

"All of the on-site buildings have heritage significance, requiring Sealcrest Pty Ltd to comply with specific uses nominated for each of the buildings.  The company will also have to meet the redevelopment guidelines which were prepared in consultation with the Heritage Council of WA."

The outcome of this process was the development of an agreed Outline Development Plan for the site, which was again reviewed by the Heritage Council of WA and subsequently incorporated into the City of Nedlands Town Planning Scheme.  I have copied a section of the Plan above - and you can download the full document from here .

The plan provides for the development of single houses and 28 apartments and provides ample scope for profitable development.

Why does the Heritage Council of WA now seek for the Town Planning Scheme to be suspended and planning control of the site transferred to the WA Planning Commission?  We agreed with the WA Government on a plan in 2005.  

Let's just get on with the development and preservation of the property as agreed.

Please write your letter to the Heritage Council of WA rejecting their proposal by 18 February.

David Thomas