Role of local government
Local government has a broad range of responsibilities and opportunities in relation to conserving a community's heritage assets. These include:
- implementing State heritage legislation at the local level
- ensuring that local planning and development control takes account of cultural heritage matters
- conserving places of heritage significance on land owned or managed by local government
- providing opportunities for public involvement in the conservation of cul tural heritage
- encouraging public awareness and sensitivity to heritage and initiating heritage education programs.
Local government has traditionally had responsibility for the proper planning of cities, towns, suburbs and rural areas. This responsibility includes preparing and implementing of plans which indicate which land uses will be permitted, and under what conditions. Local government has the primary responsibility for the assessment and approval of most development proposals, other than where regional or State-wide issues or environmental concerns bring other statutes into action.
The Planning and Environment Act 1987 specifies the matters that may be incorporated into a planning scheme including the conservation and enhancement of buildings, works, objects and places·of architectural, historic or scientific interest.
In addition to responsibilities in land use planning and development, local government has numerous other powers in relation to the environment including the enforcement of building standards and power to order the re pair or demolition of unsafe buildings and structures.
This package of responsibilities gives local government a key role in heritage conservation. As a planning authority local government is in a position to prepare and implement conservation objectives for local areas and to ensure that development on both public and private land is sensitive to and compatible with such objectives.
Of course local government responsibilities for heritage extend beyond the preparation of plans and the determination of development proposals. Many councils own or manage a number of significant places. Local government itself is also responsible for the management of a wide variety of heritage including roads, bridges, street furniture, paving and features, buildings such as council chambers and libraries, cemeteries, gardens, parkland and bushland reserves. Local government can also acquire places of heritage significance. This requires local government to become responsible managers of heritage in their own right, involving the preparation and implementation of conservation objectives, the maintaining of inventories or registers of lo cal heritage, the development of 'in-house' expertise, and the involvement of the local community in heritage programs.
Many local government authorities undertake an important archival role in the curation of local history collections in libraries, archiving and conservation of the records of local government administration (e.g. rate books, minutes of meetings and annual reports) and participation in local museums.
Local government constantly faces the often conflicting demands of developers, property owners (both residential and commercial), and resident action and other community groups. Local government should be in a better position than the other spheres of government to involve the local community in heritage conservation, to consult people on issues affecting heritage and to encourage a positive attitude within the community towards heritage.
But local government also faces many difficulties in working effectively to implement conservation objectives. Many councils lack the expertise, staff resources and experience that they need to find solutions to difficult conservation problems. The trend towards de volving responsibilities from State to local government exacerbates such problems.
Legislation
This section describes the role of the State and Federal Governments and the legislation that has been developed to assist people to conserve the heritage assets they care about.
Federal Government
The responsibilities of the Federal Government focus on protection of the National Es tate, World Heritage Listings, Aboriginal affairs (including cultural matters) and the ex port of movable cultural heritage.
The major area in which the Federal Government's legislation can assist the City of Don caster and Templestowe is through the Register of the National Estate and the associated National Estate Grants Program (which part funded this study).
The Register of the National Estate is a Register of significant natural and cultural places established by the Australian Heritage Commission (Australian Heritage Commission Act 1975).
A number of places within the City of Don caster and Templestowe are already listed on the Register, indicating the acknowledged heritage value of these places. Other listings are proposed as a result of this study.
Listing on the Register does not restrict the actions of a private owner in any way, but does provide some restrictions on the activities of Federal government authorities in relation to places on the Register (Section 30).
The AHC is a source of information and ad vice to local government on protecting the National Estate. Places listed on the Register are eligible for financial assistance in the form of a grant) under the annual National Estate Grants Program.
World Heritage Listings
Australia is a signatory of the UNESCO World Heritage Convention which lays down a general code for the protection, conservation and study of places of natural and cultural significance. As a signatory to the Convention, the World Heritage Properties Act 1983 enables the. Federal government to pro claim an identified place as natural or cultural· heritage within the meaning of the Convention. Proclamation bars works or activities without the consent of the Federal government.
No places within the City of Doncaster and Templestowe would be eligible for World Heritage listing.
State Government
Most legislation concerning cultural heritage has been enacted at the State level, resulting in a diversity of legislative and administrative arrangements across Australia, often reflect ing different political philosophies and priori ties.
Victorian heritage legislation covers historic buildings protection; Aboriginal cultural heritage; planning and development control; public land; historic shipwrecks.
The Planning and Environment Act, described above, is the State legislation used to protect the most significant historic places and areas in Victoria.
The Historic Buildings Act establishes the Register of Historic Buildings, a list of significant buildings. A separate Government Buildings Register has now been incorporated within the main Register. Several buildings are already listed on this Register, and further listings are proposed in this study.
The Act aims to protect and preserve buildings, works and objects of historic or architectural significance by requiring that a registered building may not be demolished or altered, or registered land developed or sub divided without a permit from the Historic Buildings Council. The HBC can also order the owner of a registered building to under take repairs to prevent deterioration or demolition by neglect. Offences against the Act can result in fines and imprisonment or a ban on the use or development of land for up to ten years.
The Act also includes provisions for the temporary protection of buildings being considered for registration, and provision for negotiating covenants with the owners of land containing registered buildings.
Listing of a building on the Register enables the owner to seek financial and other assistance, including a reduction in local government rates, access to low interest loans and grants, and advice on building conservation measures.
Historic archaeological sites can be protected under the Archaeological and Aboriginal Relics Preservation Act 1972, an Act more frequently used to protect Aboriginal places. The Victoria Archaeological Survey maintains an inventory of historic archaeological sites, and can advise on their conservation.
Crown lands can be reserved for specific purposes such as conservation. Two categories of Crown land used for decisions about its retention or sale are .- "public land" which covers land with significant conservation, historic, recreational, tourism, natural or other values that is intended to be kept in public ownership, and "government land" which is intended to provide economic return, and could be sold relatively simply.
The primary land management authority is the Department of Conservation and Environment. Public land can be designated as a "historic reserve"; in the long term the Department aims to produce management plans for public land.
Role of Non-Government Organisations
Voluntary organisations form the backbone of heritage conservation action in many areas, applying their voluntary resources and limited funds towards conserving places, records and artefacts, writing about local history and encouraging a community interest in the cultural environment. Without the energy, enthusiasm and hard work of voluntary heritage groups over many years, much of the heritage we now value would have already been lost.
Now that there is a framework of government legislation and administration, the contribution of voluntary conservation groups is often overlooked, and their assistance not acknowledged.
There are many different types of voluntary (or semi-voluntary) community organisations concerned with heritage conservation. Some examples include the National Trust, historical societies, professional organisations, special interest groups.
These community organisations have an important role to play in facilitating community participation in the processes of government. Such organisations may act as researchers investigating the value of a place they want to see conserved, as advocates for that place in government tribunals, and as direct lobbyists.
The National Trust of Australia (Victoria) is the best known non-government organisation. It was established in 1956 in Victoria as a private company with the purpose of promoting the conservation of natural and cultural heritage. The Register of significant places established by Trust provides the most comprehensive listing of important places throughout the State, (see Appendix A for places in the City of Doncaster and Templestowe included by 31 May 1991). The Register includes buildings, towns, areas, gardens, trees and landscape areas.
Key issues and priorities for action
Researching our heritage
This study recognises many places as contributing to the municipality's heritage. These judgements are made based on available in formation and attempt to reflect community
.views about what comprises our heritage. No list of heritage places should be regarded as the final list. New information may reveal the previously unsuspected importance of a particular place, or may indicate a significant place is even more important. The number of buildings from any past era is slowly declining, through decay, lack of care or deliberate demolition. This means that a once common building type may become increasingly rare, and of increasing heritage value. Changing community values are also important. Thirty years ago our heritage was only large man sion houses. Continuing research and evaluation of the municipality's heritage is important. Now the community appreciates a far wider range of places as being part of its heritage. ·
Demolition and alteration of heritage places
During the study the following buildings have been demolished or destroyed:
- Youth Hostel (Pound Bend) destroyed in a bushfire,
- "White House" (Warrandyte) - demol ished by Council,
- 463 Doncaster Road, (Doncaster) - re
- moved by the owner,
- House, Warrandyte Road - demolished.
- "Thanet", in Tucker Road (part of 79 King Street) Doncaster - demolished on 6-8 August 1991 after the release of the draft study re port.
No doubt other buildings, areas and plantings are under threat by major changes that could result in another loss of an aspect of the municipality's heritage.
The best way to conserve is to enable and en courage a property owner or manager to care for that place and respect its heritage value. There are many different types of property owners, from individual householders to large companies. Each may need particular information or assistance t·o encourage them to successfully conserve their own properties.
Encouragement may take the form of information, advocacy of the value of the municipality's heritage, incentives in terms of advisory services or grants, and publicity for good examples.
Encouragement is always better than additional regulations although it may not be enough on its own. Most Councils introduce controls into their planning scheme following a heritage study to ensure that developments that may damage the community's heritage are able to be carefully scrutinised.
Such planning controls are rarely prohibitions. Rather, they add the requirement that a planning permit be obtained prior to demolition, removal, alteration or new building work. This means that Council has the opportunity to consult with the owner, consider and, if desired, refuse or put certain conditions on the application. In turn the owners' rights are also protected as any decision by the Council can be taken to the Administrative Appeals Tribunal should the owner be dissatisfied by that decision.
Council as a property owner and manager
Council is an important property owner and manager, controlling streets, trees and road side plantings and a number of public buildings and parks. Council's role should be to set the best example.
Public buildings and land
Government agencies own a number of important heritage assets. While some govern ment departments may perceive heritage controls to be a restriction, owning and taking care to conserve a heritage building can also earn an organisation considerable community respect.
A number of heritage places are within public parks, particularly the Warrandyte State Park. Management plans for these areas need to in corporate specific policies on the protection of heritage places. Recent reports of the removal of historic mullock heaps from the Warrandyte State Park, and the use of the material for road making, are of concern.
Towards a heritage plan
In order to effectively fulfil its responsibility for heritage, local government needs to develop clear objectives, procedures and expertise. While this will not eliminate conflicts within local communities over heritage, the development of sound conservation objectives and practices will allow local government to at least anticipate such problems and respond accordingly.
Often our heritage is lost because it is not recognised as important by the decision-makers or by the owners of a property.
Studies such as this one are an important first step in recognising which places in a locality are valued as part of the community's heritage. There are places within the municipal ity which are part of the heritage of the whole State; other places are of importance within the City of Doncaster and Templestowe or within a smaller local area.
The places identified in the study reflect the expertise and skills of the study team, and the information available to us. Discussion on the results within the community will reveal if there is support for and agreement with our conclusions. Any study can only be seen as a starting point, and other places of considerable value will still be "discovered" in the future.
In seeking to conserve historic places it is usual for a Council to work through the fol lowing steps:
- Understanding the role and responsibilities placed on local government in terms of protecting that heritage
Local Government has responsibilities under the Planning and Environment Act to provide for the protection of the environment, including the cultural heritage of the municipality. Other levels of Government also have specific responsibilities for conserving aspects of our heritage. The legislative roles of the Federal, State and local government have already been described. - Identifying the heritage assets of a municipality and assessing their significance
Conserving heritage involves identifying what is to be conserved in the planning area. Studies to identify heritage assets should precede any action which may threaten or disturb places likely to be significant.
This does not mean knowing where all places are located before the preparation and implementation of heritage objectives in a planning scheme, but it does mean that the existence of unlocated places and their potential significance should be acknowledged, and appropriate safeguards incorporated into planning provisions to minimise disturbance or destruction to areas likely to contain significant places. The heritage assets known to exist within the City, and a number of areas likely to contain other heritage assets are described in Section 3.
Assessing the significance of heritage assets is an essential step in the planning process. The significance of a place is central to informed decision-making. Identifying significant places may constrain future development and require sensitive management, however it will also identify areas which may be modified or developed with fewer constraints. The process of assessing significance is described briefly in Section 1. - Setting heritage objectives
The objectives of planning should be consistent and compatible with legislative and administrative responsibilities and with the assessed significance of the municipality's heritage assets. Heritage objectives would provide the basis for appropriate planning provisions ranging from statutory provisions for development control and formal reservation of places of heritage significance to non statutory measures such as community education programs.
The extent to which heritage objectives can be accommodated with other planning and management objectives (and vice versa) will need to be carefully considered. A statement of heritage objectives is necessary in order to begin resolving the often conflicting demands of various interest groups in the community. - Identifying constraints
Conservation of significant places may not always be achievable due to conflicting planning objectives, limited opportunities for development or limited Council planning re sources. Some constraints may be able to be overcome through assistance from government heritage organisations. Other conflicts may be more difficult to resolve; however, establishing clear heritage planning principles and procedures that enable the full value of heritage assets to be assessed would place a Council in a good position to find acceptable solutions to such conflicts. - Developing a plan
Several types of plans may be developed to assist in conserving a municipality's heritage assets, from strategic and statutory plans for the whole municipality to detailed management plans for particular heritage assets under the control of the municipality. Each type of plan - whether for the whole municipality, a locality, township or individual place - should set out the sequence and timing of action.
Such plans may include:
- standards and guidelines for land use and development
- guidelines to be used in determining
- development proposals
- provisions to protect heritage items and places identified after the original scheme has been drawn up
- a 'code of behaviour' for both the
- Council itself and other land owners in the planning area.
- opportunities to initiate local action
- programs covering heritage advisory services, community information and education, etc
Objectives
The central goal of a heritage policy for the City of Doncaster and Templestowe is to protect the municipality's cultural heritage so as to enrich the lives of local people and visitors alike.
To achieve this goal, the following policy objectives are proposed:
- To recognise cultural heritage conservation as an essential component in local planning and development
- To seek protection for significant places and areas that provide evidence of the municipality's Aboriginal and European history
- To encourage increased community awareness of and knowledge about the municipality's history and heritage
- To provide incentives for heritage conservation and promote its economic and environmental benefits
- To effectively co-ordinate public and private efforts towards conservation
- To promote proper conservation practices and techniques
- To encourage and initiate further studies and research into aspects of the municipality's history and heritage.
To help achieve these objectives, a series of policies and actions are proposed. A table at the end of this section summarises the 11 recommended policies; the policy numbers are also used on the list of places at the start of section 3 to indicate the policy applicable to each identified place.
Planning controls
The Council should seek to protect the places identified in this study through the Local section of the Doncaster and Templestowe Planning Scheme.
The Planning and Environment Act 1987 provides for a single instrument of planning control for any area - the planning scheme. The scheme may make provisions relating to the use, development, protection or conservation of land. In preparing a planning scheme amendment a planning authority must consider significant effects on the environment.
Under the Planning and Environment Act iris' possible to introduce 'heritage planning con trols' into a local planning scheme.
Such controls are usually introduced as an 'overlay' that is a control over .development and works rather than a control on land use (a zone). Such planning controls are written so that they apply to specified individual build ings or areas no matter what the existing zone of those places.
For example, most planning schemes that protect individual buildings require an owner to apply for a planning permit if they intend to:
- demolish or remove a significant building (or part of it)
- make external alterations or additions
- undertake new development
- subdivide the allotment
- place an advertising sign on the property.
Some schemes also require a planning permit for new building works on sites adjoining a significant place.
Significant individual trees or plantings are also often protected in planning schemes by requiring the owner to apply for a planning permit to remove a significant tree or to develop within 5 metres of the tree's canopy.
Some heritage studies define an area or locality as being of heritage significance. In this instance, the planning scheme could in corporate controls to protect the specified buildings, structures, trees and so on that collectively create the special character of the area.
These types of heritage controls could apply to private, Council-owned places and Crown property equally. There have been one or two instances where important Commonwealth buildings have been listed in planning schemes, although the Commonwealth could not be forced to apply for planning permits.
Usually more stringent controls are applied to places that are of a higher level of significance, and guidelines can be used for places of lesser importance.
The recommended planning controls are summarised in the table at the end of this section. Controls should be applied to the fol lowing types of places:
- individual buildings and structures (Policies 1, 2 and 3)
- heritage areas (Policy 4)
- Crown land (Policy 5)
- subdivisions (Policy 6)
- individual trees (Policy 8)
- tree landscapes (Policy 10).
These controls should be applied to the places identified in this study; further future research (recommended below) may -reveal additional places which could be protected under the Scheme in a subsequent amendment.
Of the 36,214 rateable properties in the municipality, implementation of this recommendation would involve a number of individual properties and areas (each containing a number of properties); as a percentage of the total, such controls would probably affect less than 1% of the municipality's rateable properties.
Nomination of places to Government Registers
In addition to the planning scheme controls, the Council could seek to have very signifi cant places listed on the Historic Buildings Register; changes to buildings listed on this Register have to be approved by the Historic Buildings Council.
The Council could also seek to have some places listed on the Register of the National Estate; such listing would not have any affect on private owners, the Council or State Government but would affect the Commonwealth Government and its agencies.
It is recommended that the Council:
- Advise the Historic Buildings Council of the completion of the study, and nominate the present Municipal Offices for the Register of Historic Buildings
- Nominate all places of State and regional significance to the Register of the National Estate as this is a requirement of the grant received by Council to assist with this study.
Conservation of conifer landscapes
Monterey Pines and Cypresses are a distinctive part of much of the scenery of the municipality, from Bulleen to Park Orchards.
They occur as landmarks on high ground, as traceried screens following ridgelines, as artificial woodlands and as space-defining edges to roadsides.
Some plantings are probably more than 100 years old, as at Bridge Street, Bulleen. Many represent earlier land use patterns and the process of settlement. They also continue the nineteenth century 'conifer craze' which produced many collections in public gardens and the use of Pines as street trees.
With the passage of time, extending urbanisation and road reconstruction, conifers will gradually disappear from the general landscape.
So, if their distinctive contribution to the municipality's 'cultural' landscape is to continue, the Council must develop policies for their retention, propagation and replanting
This will require:
- The prohibition of tree felling without a planning permit
- The monitoring and replanting of trees, at identified sites, preferably from seeds collected at these sites
- The replanting of conifers along roadsides to replace lines or avenues of trees removed during road reconstruction
- Progressive replanting of established, artificial Pine woodlands as at Park Orchards or Pine Ridge.
Protecting the viability of orchards
Several of the places identified as significant in this study are still used as orchards. The heritage value of these places rests, in part, in their continuing function.
Every effort should therefore be made by Council to assist these orchards remain viable. This requires sensible application of any planning controls to ensure that they do not have unintended impacts.
Council could also assist by maintaining rural zonings for land used productively for agriculture, and could seek to use the rating system to provide a financial incentive once this aspect of the new Local Government Act comes into operation.
Conservation of indigenous vegetation
Doncaster-Templestowe west of Mullum Mullum Creek has virtually lost its original cover of indigenous vegetation in the conversion of land to agricultural and then urban use.
The few remnants of original vegetation along the Yarra River, beside roads or in parks and reserves are therefore especially important locally, if not regionally or nationally.
Warrandyte gains much of its landscape character and picturesqueness from the extensive presence of indigenous vegetation in more or less complete communities, though these are continually eroded by the construction of roads and buildings, by trampling in parks and reserves and by competition from self- sown environmental weeds.
If the municipality is to keep its indigenous vegetation in any meaningful way, it is essential for the Council to adopt a holistic conservation strategy which:
- Recognises the biological, cultural and visual values of indigenous vegetation, and undertakes the studies required to document the significance of such vegetation communities.
- Establishes policies for the retention of remnant indigenous vegetation as a first priority in urban development, and especially in its own roads construction program.
- Promotes a collaborative approach and common standards and practices between the Council, the Board of Works and State Government in the management of Yarra Valley parks and reserves.
- Requires active intervention in the conservation, re-establishment and extension of indigenous vegetation within existing public reserves, along existing roadsides and in new road planning and design.
- Establishes training programs for council staff in the value, conservation and propagation of indigenous vegetation.
- Promotes public education in the value of indigenous vegetation and in its retention and replanting in private garden design.
Vegetation management: conflict of values
No landscape is static whether 'natural' or 'cultural', as is made abundantly clear by the urbanisation of Melbourne in the past 156 years, and of Doncaster-Templestowe in the last 45 years.
First the native vegetation was removed for building materials, firewood, agriculture and mining, and a rural landscape was created with extensive plantings of conifers. Later this rural landscape gave and continues to give way to suburbanisation, as the former pastures and orchards of Bulleen, Doncaster and Templestowe are changed to residential areas.
In contrast, native vegetation has held ground in Warrandyte because of its remoteness from Melbourne, more difficult topography and poorer soils. However, it too is reducing in extent through continuing clearance, and degradation of its biological integrity through competition from exotic species.
Both require active and committed management for their continuation.
However, there is an inherent conflict between exotic and indigenous vegetation which cannot be resolved by a compromise mixing of the two types.
Where such a mix occurs the indigenous vegetation typically declines in extent, diversity and genetic integrity.
The implications of this conflict and of the desire to maintain two inimical vegetation types are that:
1. Zones must be defined for exotic or indigenous vegetation.
2. Management regimes must be established for both vegetation types.
3. As a first priority, a public education program must be established, outlining the issues of vegetation management and promoting the roles of individuals in maintaining their local landscapes.
4. Vegetation management and public education will require continuous commitment from the Council, its staff and the community.
Setting a good example
The Council should seek to set a good example through its own planning and works programs. This requires:
1. Development of a policy on the protection of historic plantings and trees (as identified within this study and the Council's Roadside Environment Study).
2. Development of a conservation policy for each significant place owned or managed by Council.
statement of significance of the place, an analysis of how that significance can be retained, and a schedule of appropriate maintenance works.
3. Use of examples of appropriate works carried out by Council as 'demonstration' projects, and invite community inspection of those projects. Industrial and commercial property owners should be encouraged to do likewise.
Community Information and Education
There is also a wide range of ways in which the Council could encourage owners to conserve significant places.
A heritage information and education involving the following components should be adopted by Council.
The first element is to provide information to those seeking to find out more about their locality's history and heritage, or how to conserve their property. Their interest should be supported through:
- development of a conservation reference collection in the library system and at Council's Planning counter
- publication and distribution of a broadsheet containing information about significant places (natural, Aboriginal and historic), the threats to such places, and how we can all help protect them for the future.
It should emphasise the value of planning controls and the need for special measures to conserve indigenous vegetation and plantings. This broadsheet could provide the Council with an opportunity to link together the outcomes of all its recent projects that focus on conserving the character and significant features of the municipality.
The second is to encourage an interest in history through:
- Preparation of an updated history of the municipality would offer opportunities for community participation in research, as well as the chance to document significant aspects of the City's built environment.
The third is to encourage through:
- Presentation of annual heritage awards to individuals and organisations to recognise their contribution to conserving the City's heritage. Such awards should be based on prestige not monetary reward and should recognise effort in relation to resources to ensure that more affluent businesses and individuals are not advantaged.
In most instances, the information about these places only came to light towards the end of the study, and we were unable to extend the time available to enable any documentation.
It is recommended that Council seek to investigate the places listed in Appendix B, and to protect them in accordance with their level of significance.
