HERITAGE PROTECTION SOCIETY (TASMANIA) INC.
P.O. Box 513 Launceston Tasmania 7250
4th November 2014
Alderman Darren Alexander Launceston City Council Town Hall
St John Street LAUNCESTON TAS 7250
By email contact@dalexander.com.au
Re: LAUNCESTON INTERIM PLANNING SCHEME 2012
Dear Alderman Alexander,
Congratulations on your election to Launceston City Council. We are hoping that your enthusiasm for this city will be strengthened by the other new councillors and a timely review of goals and a fresh way forward for a new approach.
Heritage protection and conservation is a very important part of residents' lives in 2014, in this, Australia's third oldest city. In order to attract people to remain living in this place, to attract newcomers and to encourage people to visit, it is important that Launceston continues to present a point of difference compared to other places. Essential to the protection and maintenance of our heritage fabric and special townscapes, is the role and responsibilities of Launceston City Council.
The delicate balance between retaining our heritage versus progressive developments that gnaw away at our remnants of heritage is a battleground that must be carefully managed and courses found that will satisfy these sometimes competing elements. The destructive actions of the 1960's removed much of the heritage building stocks across towns and cities of Australia, creating what has been recorded as the "Australian ugliness". Dominated by insatiable demands for suburban housing and reliance on the motor car, cities were rapidly changed and little of any quality replaced what had been a relatively orderly lifestyle. Civic pride became lost and inappropriate buildings rose up, seemingly without any semblance of planning controls or relationships to old townscapes and values.
In recognition of these pressures, and in reaction to the broad scale destruction of our cities and towns in particular, the community collaborated to form a resistance to what it saw as inappropriate developments and confront the demon, the developer.
In Tasmania, in May 1960, a National Trust was formed to promote and ensure the preservation and maintenance for the public benefit, of places and objects of beauty or having an historical, scientific, artistic or architectural interest; knowledge of, interest in, and respect for those objects; and the provision and maintenance of activities and services to facilitate their enjoyment by the public.
The excellent publication "IN TRUST FOR THE NATION'' published in May 2000, is to be found in your Town Hall Library, and it is a recommended read for all Launceston Aldermen. This book, launched by Lady Green, Patron of the National Trust in Tasmania and Sir Guy Green, Governor of Tasmania, accurately records the aspirations and achievements of the small band of people over 40 years, their trials and tribulations in their struggles to have the heritage of Tasmania, recognised,
Now amalgamated with and incorporating the former Launceston Cataract Gorge Protection Association
recorded and protected, not as museum pieces, but as viable living resources that would be
respected and cared for by future generations.
A serendipitous action by the National Trust's founders to acquire and preserve Franklin House at Franklin Village on the southern outskirts of the city set a very busy and active program for its members and volunteers, and launched its high profile in the building conservation sphere.
In due course, protection of heritage places became a role for town planning schemes, and local government was charged with the responsibility to protect and regulate adverse development of heritage places. The National Trust's educational register of recorded and classified places, put together by its hard working volunteer committees, became the basis for lists that local government bodies chose to adopt and incorporate into their fledgling planning schemes.
In Launceston, the council's heritage register became a statutory tool as a part of its planning scheme from the late 1960's and was added to upon further advice being given by the National Trust. A relatively static list, its completion hampered by a lack of financial resources to undertake comprehensive survey works, the National Trust's Registers plateaued at about 5000 places in Tasmania. Although understood to be incomplete, it was these registered that became by legislation, the nucleus for the Tasmanian Heritage Register, upon the creation of the State's Tasmanian Heritage Council in1997.
Premier Gray had recognised the need for a State heritage policy as early as 1989, initiating new funding packages to enable the Trust to employ qualified architectural and educational staff. In 1993, Premier Groom launched a package for reforming the growth of the Tasmanian economy and creation of jobs. The term "sustainable economy" was entrenched in the Land Use Planning Approvals Act (LUPA) 1993, and this was supported by the Municipal Association. Third party appeal rights, a mainstay of the system, was considered nationally to be the most progressive and up to date planning system in Australia.
And so in Launceston there were a number of Planning Schemes developed during the pre- amalgamation period. In 1996, after council amalgamations and a long period of preparation and community consultation, a single unified Planning Scheme for Launceston operated. The State Government, reflecting community concerns at the great variations in planning schemes across Tasmania, introduced a basic model scheme, requesting that all councils commence a review of their schemes, incorporating the model provisions.
In difference to the traditional manner in which new planning schemes had previously been introduced, heard and eventually sealed for implementation, the Giddings State Government imposed a system whereby an interim scheme was unveiled and immediately brought into operation, before public hearings were held, following which, when that process was completed, further amendments could be made. The Launceston Interim Planning Scheme 2012 was first to be unveiled, but as other councils followed suit, it was quickly revealed that there were many departures from the standard model, and so came another call for greater consistency.
The new Hodgeman Government recognised the anxiety and frustration in completing the various Interim Planning Schemes in Tasmania including for Launceston, and the sealing of the Launceston Planning Scheme continues to be delayed. Until the planning scheme is finalised and sealed, further amendments, changes and even corrections/inconsistencies, cannot be addressed, resulting in delays to future development applications. A recent government announcement predicting interim legislative changes has been made, but its outcome is yet to be made clear.
And so there remains a very great number of issues, errors, inconsistencies, omissions and inadequacies with the present Launceston Interim Planning Scheme 2012, not to mention that many aspects from the previous scheme were not incorporated into the interim scheme, and resulting in an
A serendipitous action by the National Trust's founders to acquire and preserve Franklin House at Franklin Village on the southern outskirts of the city set a very busy and active program for its members and volunteers, and launched its high profile in the building conservation sphere.
In due course, protection of heritage places became a role for town planning schemes, and local government was charged with the responsibility to protect and regulate adverse development of heritage places. The National Trust's educational register of recorded and classified places, put together by its hard working volunteer committees, became the basis for lists that local government bodies chose to adopt and incorporate into their fledgling planning schemes.
In Launceston, the council's heritage register became a statutory tool as a part of its planning scheme from the late 1960's and was added to upon further advice being given by the National Trust. A relatively static list, its completion hampered by a lack of financial resources to undertake comprehensive survey works, the National Trust's Registers plateaued at about 5000 places in Tasmania. Although understood to be incomplete, it was these registered that became by legislation, the nucleus for the Tasmanian Heritage Register, upon the creation of the State's Tasmanian Heritage Council in1997.
Premier Gray had recognised the need for a State heritage policy as early as 1989, initiating new funding packages to enable the Trust to employ qualified architectural and educational staff. In 1993, Premier Groom launched a package for reforming the growth of the Tasmanian economy and creation of jobs. The term "sustainable economy" was entrenched in the Land Use Planning Approvals Act (LUPA) 1993, and this was supported by the Municipal Association. Third party appeal rights, a mainstay of the system, was considered nationally to be the most progressive and up to date planning system in Australia.
And so in Launceston there were a number of Planning Schemes developed during the pre- amalgamation period. In 1996, after council amalgamations and a long period of preparation and community consultation, a single unified Planning Scheme for Launceston operated. The State Government, reflecting community concerns at the great variations in planning schemes across Tasmania, introduced a basic model scheme, requesting that all councils commence a review of their schemes, incorporating the model provisions.
In difference to the traditional manner in which new planning schemes had previously been introduced, heard and eventually sealed for implementation, the Giddings State Government imposed a system whereby an interim scheme was unveiled and immediately brought into operation, before public hearings were held, following which, when that process was completed, further amendments could be made. The Launceston Interim Planning Scheme 2012 was first to be unveiled, but as other councils followed suit, it was quickly revealed that there were many departures from the standard model, and so came another call for greater consistency.
The new Hodgeman Government recognised the anxiety and frustration in completing the various Interim Planning Schemes in Tasmania including for Launceston, and the sealing of the Launceston Planning Scheme continues to be delayed. Until the planning scheme is finalised and sealed, further amendments, changes and even corrections/inconsistencies, cannot be addressed, resulting in delays to future development applications. A recent government announcement predicting interim legislative changes has been made, but its outcome is yet to be made clear.
And so there remains a very great number of issues, errors, inconsistencies, omissions and inadequacies with the present Launceston Interim Planning Scheme 2012, not to mention that many aspects from the previous scheme were not incorporated into the interim scheme, and resulting in an
extremely deficient and inadequate document, not even representing a 'status quo' situation on
many fundamental aspects of planning that have been in place for the previous and even earlier
planning schemes stemming back 20 or more years.
Limiting these comments now to just the heritage provisions of the Interim Scheme, it was of great concern to us when the Interim Scheme was unveiled at the end of 2012, that
Limiting these comments now to just the heritage provisions of the Interim Scheme, it was of great concern to us when the Interim Scheme was unveiled at the end of 2012, that
- the list of heritage places scheduled had not been updated since at least 1996 (the State Government and Launceston City Council had shared the considerable expense of engaging an interstate heritage expert to update this list in around 2002. This study identified a great number of additional places, but still nothing has been added as promised);
- the list of Significant Trees had not been updated since 1985, and this list of important and significant trees, has now been deleted altogether;
- the list of heritage precincts that had existed in the previous and even earlier schemes has been deleted and some sort of alternative interim protection has been given to all individual properties within the pre-existing precincts, even those that have no heritage value in their own right. Aspects of precincts that are located within roadways and nature strips etc., such as trees, landscaping, stone gutters and stone retaining walls etc., and previously protected, are currently not protected at all;
- The provisions of the state-wide model planning scheme that called for protection of archaeological sites are blank pages in the interim scheme -
- Launceston's burial grounds, some located on converted recreational grounds, both private and publically owned, and on private residential land, are not protected at all;
- Archaeology in Launceston is unprotected by the planning scheme, and in particular where there are sites that are highly regarded as potentially yielding very important archaeological 'finds' as they have already been identified as having had buildings from the 1826 and 1835 surveys of Launceston, but are disregarded
The Tasmanian Planning Commission Delegates were well down the path of finalising the
Launceston Interim Planning Scheme, when the State Government suspended the process.
Launceston is now in a state of continuing limbo and will remain so until further State direction is
providedIn an attempt to find a speedier way to rectify the serious deficiencies contained within the Heritage
provisions of the planning scheme and not wait for a new set of common procedures to be adopted,
a few months ago, the Heritage Protection Society drew the Minister's attention to provisions in the
Planning Act whereby he could issue a Ministerial Planning Directive, which can fast-track
appropriate changes and overcome the otherwise lengthy process and disadvantage presently being
suffered. Other Ministerial Directives already exist in the planning systems of Tasmania.
However, Launceston is the largest and wealthiest municipality in the
State, and it seems incongruous that after so many years of this excuse being proffered, that an
increased budget allocation has not been achieved have certainly allowed out-of-date planning schemes to be rapidly brought up to date, and where
there have been tardy local government authorities unwilling to advance planning reviews in a
timely manner, to immediately do so, and on a completely equal state-wide basis.
Based substantially on the superior and well-researched provisions of the Hobart Interim Planning
Scheme, HPS(T) Inc. drafted a weighty document for this purpose and presented it to the
Tasmanian Planning Commission for assessment. Regretfully a political decision was taken by the
Minister to not allow that process to progress, and so the present frustrating delays in finalising the
Launceston Scheme looks set to continue.
We believe there is a new opportunity now for the newly elected Launceston City Council to take
the initiative to review its Heritage Provisions at least, for the new scheme. A fresh and invigorated
council should look at all this afresh if it wants to be seen a leading the city towards a period of
improved economic vigour.
We are willing to assist you in this important process, and accordingly attach here a copy of our
draft as presented to the Minister. We look forward to receiving your response.
Yours faithfully,
Lionel J. Morrell Architect President
Heritage Protection Society (Tasmania) Inc.
Enc.
Copy to Hon. Peter Gutwein & Hon. Matthew Groom
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