Your Queries Answered on

Municipal Heritage Listing and Council Policy

1. How does the Council determine what property, public building or other facility etc becomes heritage listed?

Any member of the community can nominate a place for inclusion in the municipal inventory. These nominations are then researched following the City of Melville’s procedure. The various steps in this process includes

§         Establishing a draft list of sites to consider

§         Conducting further research regarding each site

§         Presenting the draft list to the City of Melville’s Executive Management Team for review

§         Advising Councilors of the draft list

§         Corresponding with property owners seeking consent to include the properties in the revised Municipal Inventory. Information concerning what this involves is included.

§         Advertisement of the revised list of sites to the community for 42 days. It should be noted that this date is the date on receipt of acceptance from the site owners.

§         Compiling the draft Municipal Inventory document

§         Presenting the Draft Municipal Inventory document to Council for endorsement

§         Advising the Heritage Council of WA of the revised Municipal Inventory and providing a copy

2. Who is consulted in determining the outcome?

As listed above there are many stages of consultation. Property owners are consulted, as is the general community and Councilors.

3. Does the owner of the property (residential) have any part in the decision?

Yes. The owner is consulted. The City will not list a property at the local level if the property owner objects

4. If privately owned, what are the requirements of the Council for that private owner?

There are no specific heritage requirements to maintain a listed property in any way other than under existing regulations.

In the event that a property is heritage listed at the local level i.e. Category C or D there are requirements to document a property photographically or conduct a Heritage assessment before approval is given for major redevelopment or demolition.

A copy of the Recommended Management Categories is attached for your information. This new way of categorizing sites is recommended for adoption, as it is more direct in guiding property owners and Council staff in decision making.

5. Who is required to maintain the property or other facility when:

(i) privately owned          – the property owner

(ii) public buildings         – the property owner except where the property is vested in another body

(iii) other facilities           – the property owner

6. What does the Council take into consideration when considering local heritage listings?

The Council considers aspects it is required to under the Heritage Act of WA 1990.

Section 45 of the Heritage of Western Australia Act 1990 is outlined below:

1.         A local government shall compile and maintain an inventory of buildings within its district, which in its opinion are, or may become, of cultural heritage significance.

2.         The inventory required by subsection (1) shall be compiled no later than 4 years from the commencement of the Act and shall be (a) updated annually, and (b) reviewed every four years after compilation.

3.         A local government shall provide the Council with a copy of the inventory complied pursuant to this section.

4.         A local government shall ensure that the inventory required by this section is compiled with proper public consultation.

The process outlined in question one details what the council must take into consideration.

7. Does the Council have a policy on compensation for private owners if their property is devalued from local heritage listings?

As stated, the Council has a policy of ensuing that a property will not be listed at the local level without the owner’s consent.

Subdivision can still take place also, however, if the place is included in a Town Planning Scheme, special considerations may apply. Special consideration should be given to retaining a suitable setting for the heritage place if possible.

Demolition is not prohibited for a place included in a Municipal inventory, however, if the place is included in a Town planning Scheme special considerations may apply.

Development bonuses and the relation of certain building controls can be included in town planning schemes. The Heritage Act allows the owner of a listed place to apply for an order to relax a by-law which if strictly applied would adversely affect the heritage values of the place.

For more information regarding Municipal Heritage Listings in the City of Melville please contact Caroline Harben- Coordinator Heritage and Museum Services on 9364 0155 or email CarolineHarben@melville.wa.gov.au

The current City of Melville Municipal Inventory list is available for public viewing in the Melville Discovery Centre’s  public research area.