Arnold
CibbuanoHeritage Listing
March 9th 2007 00:30
Hear the words "heritage listing" and it can send shivers down the spine's of property purchasers and developers. Every Friday for the next few weeks I'll discuss different aspects of heritage listed property and address some of the more common questions related to those people who are either looking to invest in a heritage listed property or presently own a heritage listed property.
Heritage listed properties are idenitfied distinctly from regular properties. There are a number of local, State and Commonwealth heritage laws that may affect heritage listed property which are not relevant to non-heritage listed property. On a federal level, the Commonwealth of Australia Parliament passed heritage legislation in September 2003 which identifies, conserves and protects places of national heritage significance. These include the Environment and Heritage Legislation Amendment Act (No 1) 2003 (Cth), Australian Heritage Council Act 2003 (Cth) and the Australian Heritage Council (Consequential and Transitional Provisions) Act 2003. Where appropriate, the relevant local or state legislation will apply to a heritage listed property.
For a start, let take an introductory look at what heritage listed properties are and what criteria are set to put a property on a heritage listing.
Properties must meet one or more of the following heritage criteria to be listed:
* it demonstrates the cultural evolution or pattern of the city or local area;
* it demonstrates rare, uncommon or endangered aspects of the city’s or local area’s cultural heritage;
* it provides information that helps to understand the city’s or local area’s history;
* it demonstrates characteristics of a particular class of cultural place;
* it is aesthetically significant;
* it demonstrates creative or technological achievement;
* it has a strong social, cultural or spiritual association with the life or work of a particular community group; or
* it has a special association with the life or work of a particular person, group or organisation of importance in the city’s or local area’s history.
Although the decision to include properties on the relevant local authorities heritage register is not subject to appeal, an owner can apply to demolish or remove the heritage place. If the demolition or approval application is refused the owner can appeal through the Planning and Environment Court.
Next Friday I'll look at ways of finding out whether a property is heritage listed. This is a serious consideration for anyone wanting to purchase property as the aforementioned federal, state and local laws will affect what you can and can't do to the property.
Heritage listed properties are idenitfied distinctly from regular properties. There are a number of local, State and Commonwealth heritage laws that may affect heritage listed property which are not relevant to non-heritage listed property. On a federal level, the Commonwealth of Australia Parliament passed heritage legislation in September 2003 which identifies, conserves and protects places of national heritage significance. These include the Environment and Heritage Legislation Amendment Act (No 1) 2003 (Cth), Australian Heritage Council Act 2003 (Cth) and the Australian Heritage Council (Consequential and Transitional Provisions) Act 2003. Where appropriate, the relevant local or state legislation will apply to a heritage listed property.
For a start, let take an introductory look at what heritage listed properties are and what criteria are set to put a property on a heritage listing.
Properties must meet one or more of the following heritage criteria to be listed:
* it demonstrates the cultural evolution or pattern of the city or local area;
* it demonstrates rare, uncommon or endangered aspects of the city’s or local area’s cultural heritage;
* it provides information that helps to understand the city’s or local area’s history;
* it demonstrates characteristics of a particular class of cultural place;
* it demonstrates creative or technological achievement;
* it has a strong social, cultural or spiritual association with the life or work of a particular community group; or
* it has a special association with the life or work of a particular person, group or organisation of importance in the city’s or local area’s history.
Although the decision to include properties on the relevant local authorities heritage register is not subject to appeal, an owner can apply to demolish or remove the heritage place. If the demolition or approval application is refused the owner can appeal through the Planning and Environment Court.
Next Friday I'll look at ways of finding out whether a property is heritage listed. This is a serious consideration for anyone wanting to purchase property as the aforementioned federal, state and local laws will affect what you can and can't do to the property.
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