National
Office

PO  Box 5427
Kingston ACT 2604

Telephone: (02) 62625933
Facsimile: (02) 6262 9970
Web: www.planning.org.au

A.B.N. 11 802 663 785

Heritage Inquiry
Productivity Commission
PO Box 80
BELCONNEN ACT 2616

Dear Sir/Madam,

Submission to the Productivity Commission’s Inquiry into the Conservation of Australia’s Historic Heritage Places – Draft Report

The Planning Institute of Australia (PIA) is the peak professional organisation for urban and regional planners and related professions in Australia.  We have around 4300 members, with PIA Divisions operating in each state and territory in Australia.  Around half of our members work in local government, 30% for the private sector and the remainder in State and Commonwealth Governments and universities.

Our response to the draft report focuses on the proposal for negotiated agreements and suggestions for alternative recommendations.  PIA believes the recommendations generally have taken a narrow perspective to the Inquiry’s Terms of Reference and have missed the opportunity to address the wider issues around heritage preservation (such as financial models and incentives to assist property owners).

In summary PIA does not support the key recommendation for introducing negotiated agreements with support from the owner for the following reasons

•	Under this recommendation the preservation of heritage values in a community are at the discretion of individual property owners, with little impetus for the property owner to enter into an agreement.  In addition the owner may withdraw from the agreement process at any time, even if the local government has already committed substantial resources in good faith that the agreement will be finalised.  This recommendation places the heritage values of a community at considerable risk.

•	The report loosely refers to the curtailment of development rights of heritage listing properties.  PIA believes that legal advice should be sought on this contention as development rights are often not acknowledged in Australian planning legislation; that is the capacity to undertake higher and better development is not an innate right but something that is granted by the community (through local government) in line with current planning policies.  Conversely there is no mention in the report of the government “recapturing” increases in property prices where public intervention results in the upgrading of property rights.

•	One of the justifications for negotiated agreements is the contention that places are listed on local government heritage lists on an ad hoc basis.  PIA believes that this is not generally the case and that local governments undertake expert assessment and consultation with the community when preparing a heritage register.  Furthermore elected local government councillors take the views of their constituents (including property owners) into consideration when deciding heritage policy.

•	This lang3081

Yours sincerely

Chief Executive Officer
17th February 2006