State Heritage Convention

Mr Ian Baxter
Director, Heritage Council of Western Australia
"Working with Developers: The challenges and lessons learnt over the last ten years"

Over the last ten years the Heritage Council of Western Australia (HCWA) has dealt with over 2500 development applications emanating from a requirement under section 78 of the Heritage Act to refer places of heritage significance to the Council for its advice. Many of these applications are for very small projects but others such as the Swan Brewery and the Old Treasury Buildings involve quite detailed assessments and extensive negotiation with the parties concerned to achieve a win-win result.

Many lessons have been learnt over the last ten years and the objective of this paper is to share some of that knowledge so that a greater awareness of the issues that drive development are understood and how they must be addressed to achieve a conservation outcome. In my experience the best outcome is achieved by close collaboration between the parties at the earliest opportunity and throughout the course of the project however where there is no goodwill or a defensive position is set up, resolution can be difficult if not impossible to achieve.

Developers come in all shapes and sizes from the international companies to small investors and owners that are involved in the development of a heritage listed place. Developers also include State and Commonwealth agencies and referrals from these agencies has been a major area of activity for the HCWA over the last eight years with the move towards rationalisation and disposal of property assets.

The primary issue that drives developers is the maximisation of profit for the shareholder. This can lead to great tension between conservationists, particularly where there is an expectation that a certain level of unrestrained development can be achieved. Certainty for developers is paramount and the more this can be achieved in a timely fashion the less anxiety all around and the more likely a positive conservation.

Developers traditionally run the line that the "Community" should pay for any additional burden placed on the development of a place by conservationists such as the HCWA.
It is well known, however that there are few, if any really substantial compensatory measures available to offset the losses that can be associated with a heritage listing. This creates a dilemma for those managing the process, so we must employ whatever tools are available to us via planning bonuses, grant schemes, conservation plans and heritage agreements to achieve a positive outcome for both parties.

We have learnt that timing is critical, especially in terms of identifying what is significant about a place, so that both the conservationist and the developer get a clear idea as to what is a no go area and where there is flexibility to adapt, extend and modify. We have to challenge the "experts" by using simple common sense. If there is a road reservation, for instance, that is presenting a threat to conservation such as in the case of the Fitzgerald Hotel, we must be prepared to ask why it is necessary and seek alternative options.

The Heritage Council has been involved in hundreds of developments over the last ten years, some successful others less so; the challenge for the future is to build on the knowledge that we have; to educate the key stakeholders and to act quickly and decisively.