Scanned copy of original submission

BASIS OF SUBMISSION

I am making this submission as an individual. My credentials include my being an Arts graduate from Sydney University, a Diploma in Town and Country Planning from that University, qualified membership of the Planning Institute of Australia, a certificated town planner under the NSW Local Government Act and experience in heritage planning dating back to 1974. My heritage experience includes being a foundation member of the Historic Buildings Preservation Council in Victoria (see p. xvii of the Commission report) and six years with the Mornington Peninsula Shire Council in Victoria as the Council's Heritage Planner. Thus I have been heavily involved in heritage at both the State level and the municipal level.

I wish to present this submission at the Commission's public hearing scheduled for 14 February 2006.

MORNINGTON PENINSULA SHIRE COUNCIL

In reading the Commission report it would appear that there was no submission from the Mornington Peninsula Shire Council and I do not know why this was the case. Thus, by way of background I can say that the Peninsula has been the subject of four separate heritage studies dating back to 1992 and the Council has progressively responding to the recommendations of these studies such that in the Mornington Peninsula Planning Scheme some 300 individual heritage places and another 400 properties in heritage precincts are now recognised and protected. In addition, another 40 heritage places of significance on the Mornington Peninsula to the State of Victoria are listed under the Victorian Heritage Act. With financial assistance from Heritage Victoria the Council employs a heritage adviser whose advice to owners of heritage places is available at no cost to the owners of heritage places. In December 2002 the Council adopted its Heritage Places Policy (a copy enclosed), with a key element being a heritage rate rebate for owners of heritage places, either of individual of precinct significance. Section 169 of the Local Government Act gives a Council this discretion. As well, the Council has a limited budget for urgent works to heritage places in private ownership. The above mentioned Heritage Places Policy was prepared on the basis of incentives already available under Victorian legislation. It is fair to

say that the Council's initiative in its approach to heritage has been widely commended in Victoria.

Contrary to general indications in the Commission's report, in all cases on the Mornington Peninsula for a heritage listing there is a statement of significance. These statements are in the public domain and are used by the Council in considering applications affecting heritage places.
PRESENT HERITAGE CONTROLS

Heritage preservation is a community responsibility and should not be at the discretion of the private sector. However I do support, in conjunction with the owner, a conservation management approach to the listed heritage building. In the Mornington Peninsula conservation management plans have been prepared for key heritage buildings such as "Beleura' at Mornington, The Briars at Mount Martha and Mount Martha House.
2   The Mornington Peninsula Shire Council has shown that 
there are existing legislative and statutory mechanisms
for assistance to owners of heritage places. These
mechanisms need to be fully pursued.
3   There needs to be a more rigorous assessment process
before any decision is made on a listing of a proposed
heritage place.
4    When a heritage place is under threat its future should be determined by the community, rather than by its owner, through a transparent public process.
5    Legislative changes in relation to land tax relief and the basis on which heritage places are valued would be a step towards redressing a perceived imbalance in the burden of heritage preservation between the public and the private sector.

PJ BROWN 
1 February 2006

OBJECTIVES
SCOPE
DEFINITIONS
POLICY
MORNINGTON	SUSTAINABLE
PENINSULA	PENINSULA
Shire

Heritage Places

Policy No. 3.1

PURPOSE	To recognise that there is a public responsibility for the preservation of heritage places in private ownership

To develop a policy for financial and professional assistance to owners of heritage places.

To give effect to Council's responsibilities under the Planning and Environment Act to conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest or otherwise of special cultural value

To give effect to the Community Plan requirement to pursue implementation of policy options to support owners of heritage properties in on-going conservation (such as architectural and building advice, rating issues and information)
This policy applies to all heritage places listed in the Schedule of Heritage Places in the Mornington Peninsula Planning Scheme (other than those included in the Victorian Heritage Register established under the Heritage Act 1995)

A heritage place is defined as a place included in the Schedule of Heritage Places in the Momington Peninsula Planning Scheme
I That the Council will consider applications from owners of individually listed heritage places for a rate rebate, pursuant to Section 169 of the Local Government Act, of up to 25% based on the difference between the Capital Improved Value and the Site Value

2 That the Council will consider applications from owners of property in a heritage precinct for a rate rebate, pursuant to Section 169 of the Local Government Act, of 12.5% based on the difference between the Capital Improved Value and the Site Value.

MORNINGTON PENINSULA
Shire
SUSTAINABLE PENINSULA

POLICY (CONT'D)