The Heritage Council of Western Australia recommends that local governments adopt a local planning policy for heritage lists prior to initiating a review of their local heritage survey and heritage list. This allows City officers and elected members to consider the strategic implications of the policy in a neutral context.

Heritage significance refers to places of cultural heritage significance to the Council that may warrant conservation and protection under the provisions of LPS17.

Places are considered under the factors relevant to cultural heritage significance as developed at the National Heritage Convention (HERCON) or Australia ICOMOS Charter for Places of Cultural Significance, 2013 (Burra Charter criteria). They are included based upon their level of significance against one or more of the following heritage values:

• Historic value
• Representative (Social) value
• Scientific value
• Aesthetic value
• Rarity

A “place” means an area of land sufficiently identified by survey, description or otherwise as to be readily ascertainable and includes:-

an area of land situated below low water mark on the seashore or on the bank of tidal waters, or in the bed of any watercourse, lake or estuary; any works or building situated there, their contents relevant to the purpose of LPS17 and such of their immediate surroundings as may be required for the purposes of the conservation of those works or buildings; and as much of the land beneath the place as is required for the purposes of its conservation.

A place can be a landscape, group or precinct over multiple lots, whether or not of individual cultural heritage significance, and whether contiguous or located apart. It can include sites with potential to contain archaeological materials. Any group or precinct should have an identified common value or theme.

The Local Heritage Survey is a survey of places within the City of Swan that are considered to feature cultural heritage significance to the locality. These places tell the story of the City’s history. Some places may warrant inclusion on the Heritage List based on their level of contribution to our heritage.

The Local Heritage Survey is required to contain sufficient information, whether in text, illustration or link to electronic file, to clearly demonstrate the boundaries for each place.

Where practical, the place should be identified and defined in terms of cadastral lot boundaries as currently recognised by the State's land information system.

The Heritage List is a compilation of sites that are Category 1 & 2 on the Local Heritage Survey.

Places that are included in the heritage list are automatically afforded statutory protection under the local planning scheme and Planning and Development (Local Planning Schemes) Regulations 2015.

Development approval for works to the interior of a building is required where the place is designated in the heritage list as having ‘an interior with cultural heritage significance’.

The designation on the heritage list of ‘an interior with cultural heritage significance’ will be based on the assessment of significance associated with the place, and will be noted as part of the entry of the place in the heritage list. The entry will describe which interior elements or objects have been assessed as contributing to the cultural heritage significance of the place, and will therefore be considered when determining proposals relating to the place.

Where access to assess the interior of a place has not been provided, but there is reliable evidence to support the existence of significant features (e.g. written reports, oral histories, earlier photographs, or other primary sources), the designation of ‘an interior with cultural heritage significance’ may also be made.

Adding the designation of ‘an interior with cultural heritage significance’ constitutes a modification to the place’s entry in the heritage list and must therefore follow the consultation process set out in this policy.

The Aboriginal Cultural Heritage Act 2021 (formerly the Aboriginal Heritage Act 1972) recognises intangible heritage, i.e. spirituality, and the association of places with stories including tales of the Dreamtime. This recognises living heritage that continues to be of strong cultural heritage significance to communities.

Heritage Lists are prepared in accordance with the Planning and Development Act 2005 and the Heritage Act 2018 which focusses on tangible heritage, such as buildings, developed places and sculpted landscapes that are generally associated with historic events, trends and people. The approach to conserving or adapting these places differs between the Aboriginal Cultural Heritage Act 2021 and the Heritage Act 2018, meaning that it is not currently appropriate to include places under both Acts as the approach of one Act may not result in an appropriate outcome based upon the requirements of the other.

The Local Heritage Survey provides an opportunity to tell both Aboriginal and post-colonial stories together. Places of significance to Aboriginal communities may be recognised by inclusion in the Local Heritage Survey where their cultural heritage significance is also associated post-colonial Australian heritage. Places that may be protected under the Aboriginal Cultural Heritage Act 2021 should be identified as such in the Local Heritage Survey, noting that the provisions of that Act also apply.

Requests for the City to consider including a new or modified place on the Local Heritage Survey must be made in writing to the City of Swan.

Prior to including or modifying a place of cultural heritage significance on the Local Heritage Survey and Heritage List, the City may undertake a desktop assessment and site inspection of the place, write to the affected landowners advising them of the City's intent to include or modify a place on the Local Heritage Survey and / or Heritage List, and thereafter present the item to the next available meeting of Council for discussion and determination. Where deemed necessary, the City may appoint a heritage consultant to inform its research by undertaking a heritage assessment.

An objection to the level of cultural heritage significance identified for a place should be accompanied by supporting material to clearly articulate any errors or omissions in the assessment documentation that may indicate why a different conclusion on the significance of the place should be reached.

The City will not enter a place in the Heritage List and Local Heritage Survey without first consulting affected owners and occupiers of the place and considering any submissions received on the proposed listing.

This policy does not supersede or override the heritage requirements applicable to land falling under the purview of the Metronet East Redevelopment Scheme Part 8 - Heritage Protection gazetted 25 May 2021 or the Swan Valley Planning Scheme No.1 Part 7 - Heritage Protection gazetted 6 August 2021.

The City currently has two Heritage Areas, in Guildford and Woodbridge. A place that is not individually considered to be worthy of built heritage conservation may still be included in a heritage area adopted under the local planning scheme. Heritage planning requirements for these heritage areas are locally governed under the Guildford Conservation Precincts Policy and the Woodbridge Conservation Precincts Policy.

Heritage Areas are not to be used as an instrument for conserving places that do not meet the criteria for inclusion on the Local Heritage Survey and the Heritage List, however proponents seeking to modify a place through works or land use are required to adhere to the respective local planning policies applicable for the Heritage Areas.

Development approval from the City is required for any works, demolition or change in land use affecting a heritage-listed property.

Inclusion of a place in the Heritage List does not limit the ability of a property owner to propose any works or other development, nor does it expect or require the City to determine an application solely on heritage grounds. However, proposals that respect and retain the heritage values of the place are likely to be encouraged and may, where appropriate, be required.

Substantial development, demolition or loss of fabric will not automatically result in removal from the heritage list, as the place may still retain sufficient cultural heritage significance to support inclusion in the Heritage List, particularly if the heritage values relate to social or historical significance. Demolition by neglect will not be accepted as adequate grounds for removal from the Heritage List.

The City will retain a public record of all places removed from the Heritage List and the reason for removal on its website in addition to an appendix within the Local Heritage Survey.