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

   

Why the big rush to take control of the Old Swanbourne Hospital?

On Tuesday the 14th December 2010 the City of Nedlands received a request from the Heritage Council of WA seeking an urgent meeting.  The City Mayor and other officials agreed to meet with the officers from the Heritage Council at 3.00pm that same day notwithstanding the fact that  city officials were busy preparing for the last full meeting of the Council for 2010 that same evening. 

At the meeting the Mayor was advised by Heritage Council officers that the Heritage Council was seeking a Legislative Amendment under the Heritage of Western Australia Act 1990 for a Legislative Amendment that would (to quote from the  Notice of Measures Requiring Legislative Amendment published by the Heritage Council in the WA Government Gazette three days later on Friday 17th December):

".....remove the Land (referring to the Old Swanbourne Hospital Conservation Area) from the development control of the City of Nedlands Town Planning Scheme No. 2 and give the Western Australian Planning Commission sole responsibility for development approval on the Land, pursuant to the Metropolitan Region Scheme."

The Heritage Council officers then advised the Mayor and city officials that under the Heritage of Western Australia Act 1990 they would seek public comment on the Notice of Measures Requiring Legislative Amendment  in the form of written submissions  until 5 pm on Friday 14th January 2011.  

The timeframe for public input into this rare action  by the Heritage council would therefore have been 17 working days over the Christmas and New Year holiday period and during a time when many people are away on holidays.

The Mayor's response is recorded in the Minutes of the City of Nedlands full council meeting held that evening:

The Mayor advised that the Heritage Council contacted the City of Nedlands on Monday to arrange an urgent meeting regarding the Old Swanbourne Hospital site.

The meeting was held at 3 pm at the Administration Building today, 14 December 2010. At this meeting the Heritage Council advised that they have resolved to advertise this Friday 17 December 2010 for a period of 4 weeks a proposed order under section 38 of the Heritage Act that will suspend the City of Nedlands Town Planning Scheme No. 2 over the site and give the Western Australian Planning Commission the sole responsibility for development approval on the Land, pursuant to the Metropolitan Region Scheme.

The reason given for the Proposed Order is that the City of Nedlands Town Planning Scheme No. 2 does not allow the development of the Land in a way that makes the conservation of the Old Swanbourne Hospital Conservation Area practical or economically feasible.

The Mayor advised Council‟s strong displeasure in the proposed order and notified the Heritage Council of Council‟s policy of not advertising over the Christmas break. The City has asked for an extension to allow the community to be consulted.

On the morning of Wednesday 15th December 2010, the Heritage Council issued a press release announcing that  it had been in discussions with the owner of the Old Swanbourne Hospital.  


 "The owner has made representations to the Heritage Council that the development conditions imposed by the City of Nedlands would make the redevelopment of the site economically unviable and prevent conservation of the hospital buildings".


And further the Heritage Council announced that it was seeking public submissions on the proposal for an Order under Section 38 of the Heritage of Western Australia Act 1990.  This section allows the Minister for  Heritage to suspend or amend any law, including a planning scheme,

"...if, in the Minister's opinion that law prevents or impedes conservation works from being carried out at a State Registered Place."


In their press release of Wednesday 15th December, the Heritage Council also made the comment that they were very concerned:

 "...about the delay in the development of the place and the effect it was having on a State Registered heritage site."

However, the Heritage Council announced in their press release that they had extended the date for submissions to the public to 5.00pm Friday 18th February 2011.

The Heritage Council's Notice of Measures Requiring Legislative Amendment was then published in the WA Government Gazette on Friday 17th December 2010.

A few days later, this matter was picked up by the press and reported in various ways, but with a consistent theme running through the reporting that the Nedlands Council is responsible for the delays in the redevelopment of the site.  For example, the headline from the report on December 23 2010  by Beatrice Thomas of the West Australian read Council blamed in Swanbourne Hospital Row .


So what is going on here?  Why the rush to publish in the Government Gazette just before Christmas and to close the window for public submissions early (with an original closing date of 14 January) when many people are away on holidays and Australia is settled into the traditional torpor of the holiday and Ashes cricket?  And who is briefing the journalists?


Is the Council to Blame for the Delay in commencing the development?

The evidence seems to suggest that it is the owner that has been responsible for the delays. There have been several legal and appeal processes initiated by the owner over the last several years trying to change the terms of the Outline Development Plan (the Plan) under which the property was sold in 2005. Each time the Nedlands Council has tried to hold the owner to the terms of the Plan - as it is obliged to do under the delegated powers it holds from the WA Planning Commission in administering the Town Planning Scheme.

It is interesting to note that this same Plan was approved by the Heritage Council prior to being incorporated into the City of Nedlands Town Planning Scheme in the same year the property was sold.

Lets back track for a little and look at the announcement made by the WA Government when the property was finally sold to the current owner.

On 22nd January 2006 the WA Minister for Housing and Works Francis Logan announced that he had approved the sale of the Old Swanbourne Hospital to Sealcrest Pty Ltd as trustee for the Swanbourne Development Joint Venture for the sum of AUD $6.65 million.  The winning bid from Sealcrest was after evaluating bids from "more than 50 interested parties".  In his announcement New Era for Old Swanbourne Hospital the Minister stated that:

"...all of the on-site buildings were of heritage significance and Sealcrest was required to comply with specific uses nominated for each of the buildings.  It also had to meet redevelopment guidelines that had been prepared in consultation with the Heritage Council of WA"  (our emphasis).

The most recent legal manoeuvring by the owner is curious because it seems that the Heritage Council of WA has been working with the owner for several years now to change the Plan that they (the Heritage Council of WA) originally approved for incorporation into the Town Planning Scheme prior to the sale of the property in 2006.

The State Administrative Tribunal - commonly referred to as "SAT" - is the highest appeal forum for planning issues in the State of Western Australia.  Under its charter, once a matter is decided, the SAT is obliged to publish it's findings to the public domain.

In November 2008 the SAT published the outcome of hearings that had been held before it on the 4th, 5th and 6th of November 2008.  In Swanbourne Estate Development Joint Venture and City of Nedlands (2008) WASAT 274  a panel of three Members of the SAT heard an appeal from Swanbourne Estate Development Joint Venture (applicant) against the City of Nedlands (Respondent).  The Applicant was seeking approval, contrary to the original Outline Development Plan, to among other items, demolish buildings dating from 1904 and 1912 to enable construction of a five level building.  The City of Nedlands opposed this application, arguing that all heritage buildings should be preserved and that the proposed five story building was not in keeping with the heritage values of the property.

The SAT rejected the Applicants proposition - but instead proposed a compromise outcome whereby a three story apartment building be built within the site.  To quote from the summary of the SAT decision:

"This would enable the conservation, preservation and conversion of all heritage buildings and the development of a total of 28 units as contemplated in the development plan (clause 5)".


So who is to blame for the delay in development?  It seems that the owner is determined to try to change the Development Plan under which the property was purchased - and which was approved by the Heritage Council of WA.  The Nedlands City Council should be commended for resisting this pressure, right up to the extent of mounting a strong defence of its Town Planning Scheme in the SAT.  The delays are not the fault of the Council.




The Heritage Council of WA and the Owner

The most interesting thing that jumps out from reading Swanbourne Estate Development Joint Venture and City of Nedlands (2008) WASAT 274 is that the Applicants (owner) received support from the Heritage Council of WA in presenting evidence in support of their position.

Dr Adelyn Ai Li Siew, described in the SAT papers as an architect and the Heritage Council's Manager, Development Referrals, gave evidence on behalf of the applicant and supplemented the Heritage Council's advice to the Tribunal contained in its letters to the Council.  Dr Siew's evidence in support of the Applicant is reported several times in the SAT papers, including the statement that:

"The Heritage Council supported the new building after considering its location, bulk, height and scale. Dr Siew also expressed the view opinion that the proposal may potentially increase the landmark quality of the site by drawing attention to the new building and consequently to the detail of the heritage buildings" (clause 88).


In response to Dr Siew's view that the 5 story building may "potentially increase the landmark quality of the site", the SAT records its view (clause 90):

"The Tribunal agrees with Dr Siew that, because of the height and width of the proposed building, one's eyes would be drawn to the site.  However the Tribunal does not accept her evidence that this will increase the landmark quality of the site.  Rather, as heritage witnesses for the City explained, the proposed building would visually dominate the complexity of the heritage buildings, reducing their significance".

What to do Now?

Clearly, a clock is now ticking.  The Nedlands City Council has been knocked out of relevance by this move by the Heritage Council of WA.

You only have until 18th February to make your views known.

By issuing their Notice of Measures Requiring Legislative Amendment notice over the Christmas holiday period, the Heritage Council of WA has created a situation in which it will be difficult for many people, including the people living in Mount Claremont, to make a considered response.  This is because many of us are still on holiday as we write this post.

However, we would encourage the following urgent courses of action:

1.  Write a strong letter to the Heritage Council of WA, objecting to the removal of the Old Swanbourne Hospital land from the development control requirements of the City of Nedlands Town Planning Scheme No. 2 and giving the Western Australian Planning Commission sole responsibility for development approval on the land.  The Planning Commission is accountable only to the Minister for Planning and the Parliament.  Removal of the existing planning approvals on the land mean that the owner could negotiate any kind of development on the site with the Planning Commission - and there may be minimal or no opportunity for the people of Mount Claremont to provide input.  We could indeed see a ten story apartment built on the site.  Make sure the Heritage Council gets your letter by 5.00pm Friday the 18th February 2011.

You need to write to:

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

2.  Contact your Councillors and give them support.  The Council has been steadfast in trying to apply the conditions under which the owner bought the property.

3.  Make sure your friends are aware of this development and make sure they make submissions.

4.  Attend meetings and sign petitions organised by the Mount Claremont Residents Association and be heard.  The next meeting is on 9th February.

5. Write letters to, phone or email  Hon Colin Barnett, MLA - our local member of the WA Parliament Legislative Assembly.  The Hon Mr Barnett is well acquainted with the issues of the Old Swanbourne Hospital - refer to his speech to the WA Parliament on 10th April 2008.

6.  Call talk back radio, write letters to the editors of the local and state newspapers.

Be active, be aware, be involved.

The Heritage Council of WA and the owner would appear to prefer that we stay on holiday, enjoying the heat and the holiday season, too sleepy to rouse ourselves.  Can we prove them wrong?


David Thomas