New Development

Objectives

Our objectives are as follows:

• to ensure that new development at Fremantle Prison does not impact on its heritage values (especially, but not exclusively, its OUV)

• to ensure that new development at Fremantle Prison supports the ongoing management and viable use of the place as a publicly accessible World Heritage listed Australian Convict Site

• to ensure that decision-making on development at Fremantle Prison is robust, informed, balanced and expert

• to preference conservation of significant fabric and compatible use of existing buildings over new development

• to ensure new development is respectful of the Prison’s unique character and physical attributes, including its historical planning and layout, and the visual and functional relationships between buildings and spaces

• to ensure new development is sympathetic to and in keeping with the character of the historic Prison buildings

• to ensure that decision-makers at Fremantle Prison are fully informed and aware of the different tolerances and sensitivities of buildings and spaces at the Prison, in terms of potential for new development

• to obtain expert heritage advice and input into the early planning stages of new development, to ensure impacts are avoided or mitigated

• to engage and consult with the various statutory heritage authorities, in the early planning stages of development, and throughout the statutory approvals processes

Please note that ‘new development’ may include new or replacement buildings, structures or minor works, also known as ‘interventions’

Risks to Avoid

We have identified the following risks to be avoided:

• new development or works that adversely impact Fremantle Prison’s heritage values (especially, but not exclusively, its OUV)

• the introduction of new buildings or other forms of development which are not necessary to support the management and use of the place as an Australian Convict Site

• opting for new development when existing buildings are underutilised and offer opportunities for adaptation (other than where the proposed use is demonstrably not compatible with an existing building)

• new development that is physically or visually impactful such that it adversely impacts the heritage values of Fremantle Prison, especially having regard to the character and physical attributes of the Prison

• inadequate or ill-informed expert advice, resulting in poor planning and execution of new development, and avoidable heritage impacts

• inadequate or poor documentation of the proposed development

• inadequate consultation with the statutory heritage authorities, before or during the statutory approvals processes, resulting in drawn-out and inefficient processes

Statutory Framework

Schedule 5 (Reg. 10.01) of the Environment Protection and Biodiversity Conservation Regulations 2000 includes the management principles that apply to places on the WHL. These emphasise that the primary purpose of management of the cultural heritage of a World Heritage property must include protecting and conserving the World Heritage values of the place.

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Schedule 5B (Reg 10.01E) of the Environment Protection and Biodiversity Conservation Regulations 2000 includes the management principles that apply at places on the NHL. These emphasise that the objective in managing National Heritage places includes to protect and conserve their National Heritage values.

The EPBC Act governs ‘actions’ that have, or are likely to have, a significant impact on a matter of ‘national environmental significance’. Places on the WHL and NHL (such as Fremantle Prison) are matters of national environmental significance. An ‘action’ may include a project, a development, an undertaking, an activity or a series of activities. It will include the construction of new built form and demolition works in and near Fremantle Prison.

Before taking an action that could have a significant impact on the heritage values of Fremantle Prison, the action must be ‘referred’ to the Australian Minister for the Environment and Energy. The Minister will determine whether or not further and more formal assessment and approval is required, i.e. a ‘controlled action’.

The Heritage of Western Australia Act 1990 protects places included on the SRHP, including Fremantle Prison. The Statement of Significance for Fremantle Prison makes the following observations that are relevant to the design of sympathetic new development in it and in the vicinity: it has an ‘austere and monumental quality’ and is ‘set in a precinct characterised by a homogeneity of form, materials, texture and colour’ and these ‘make it a landmark feature of Fremantle’.

The City of Fremantle Local Planning Scheme No. 4 zones Fremantle Prison (not including the Fairbairn Street Ramp) as a Regional Reserve. By Section 2.2 of Local Planning Scheme No. 4 Council approval is not required for the commencement or carrying out of any use or development on a Regional Reserve. However, approval is required from the Western Australian Planning Commission. New development, including demolition, within the Fremantle Prison Regional Reserve will need to be referred to the Western Australian Planning Commission for approval. The Heritage Council of Western Australia will be consulted (pursuant to Section 11 of the Act). Works to the Fairbairn Street Ramp will require City of Fremantle approval.

Non-Statutory Framework

Article 87 of the Operational Guidelines for the Implementation of the World Heritage Convention states that the integrity of places nominated to the WHL must be of a high level. Integrity is a ‘measure of the wholeness and intactness’ of the place’s heritage values. It states that these can suffer as a result of the ‘adverse effects of development …’

Article 96 of the Operational Guidelines for the Implementation of the World Heritage Convention emphasises the importance of protecting, managing, sustaining or enhancing the OUV, including the integrity and authenticity of the place.

The UNESCO Resource Manual entitled Managing Cultural World Heritage (p. 124) requires management plans for World Heritage places to include a range of policies and/or objectives for the subject World Heritage place; and (p. 125) to provide a framework for making informed decisions and to manage change. Interventions should also be ‘thoughtfully designed’ to protect the OUV.

Article 3.2 of the Burra Charter states that: ‘Changes to a place should not distort the physical or other evidence it provides, nor be based on conjecture’.

Article 15.1 of the Burra Charter states that: ‘Change may be necessary to retain cultural significance, but is undesirable where it reduces cultural significance. The amount of change to a place and its use should be guided by the cultural significance of the place and its appropriate interpretation.’

Article 22.1 of the Burra Charter states that: ‘New work such as additions or other changes to the place may be acceptable where it respects and does not distort or obscure the cultural significance of the place, or detract from its interpretation and appreciation.’

Article 22.2 of the Burra Charter states that: ‘New work should be readily identifiable as such, but must respect and have minimal impact on the cultural significance of the place.’

Article 27.1 of the Burra Charter states that: ‘The impact of proposed changes, including incremental changes, on the cultural significance of a place should be assessed with reference to the statement of significance and the policy for managing the place. It may be necessary to modify proposed changes to better retain cultural significance.’

Constraints

The imperative to protect and conserve the World Heritage and National Heritage values will place significant constraints on new development at Fremantle Prison.

Where an extended period of time is taken for building approvals this often places considerable pressure on the management of Fremantle Prison’s heritage values. This problem is particularly acute where development approval is required for urgent conservation works or where delays in gaining development approval shorten the time period in which a grant may be acquitted.

A lack of clarity concerning the difference between ‘maintenance’ and ‘development’ as defined by the Planning and Development Act 2005 and the Heritage Act of Western Australia 1990 can add delays to approvals processes that may impact essential conservation works.

Opportunities

Opportunities for development (new or replacement buildings, structures, minor works and other ‘interventions’) is generally restricted at Fremantle Prison. However, some spaces within the Prison complex offer limited opportunities. The replacement of existing buildings or building components of little or no significance may also offer opportunities for new works.

Overarching Policy Framework

POLICY 50
New development and works at Fremantle Prison should not impact on or detract from the place’s heritage values. Such works should respond to and be respectful of the Prison’s unique character and physical attributes, historical planning and layout, and the visual and functional relationships between buildings and spaces. New development should also be sympathetic to and in keeping with the historic Prison buildings.

POLICY 51
New development and works at Fremantle Prison should support the ongoing management and use of the place. In all instances it should serve a necessary operational need.

POLICY 52
Conservation of significant fabric and structures, and where required compatible use of existing buildings, is preferred over new development, including the introduction of new buildings.

POLICY 53
Decisions on new development at Fremantle Prison should be informed and guided by an awareness of the different tolerances and sensitivities of buildings and spaces at the Prison; and by expert heritage advice and input including in the early planning stages of a development.

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POLICY 54
Some of the spaces at Fremantle Prison are stark and open and not suited to new development. These largely include the Parade Ground and the sterile zones associated with the external perimeter walls and internal yard and division walls.

POLICY 55
The current character of the site, the sensitive visual issues, and the desire to maintain the prominence of the Prison buildings, particularly those of the convict-era and subsequent colonial Prison period, place considerable constraints on the siting, visibility, scale and height, and form and materials of new development.

POLICY 56
New buildings or works should adopt a consistent materials palette and architectural language, which distinguishes them as contemporary and avoids the proliferation of different building styles and materials. New materials should not compete with, or detract from, the primacy of the limestone.

POLICY 57
For any new works or development, ensure that adequate documentation is prepared in support of the proposal, for lodgement with the development approval application. This includes detailed architectural drawings and a Heritage Impacts Statement (HIS report); the latter to be prepared by a qualified heritage practitioner.

Proposed Action

ACTION 30

In determining the location and form of new development, sensitivity must be shown with regard to different areas and spaces within the Prison, their tolerance for change and their parameters for change. Generally, in relation to siting, visibility, height and scale, form and materials always ask:

• Will the new development be sited in a location which is intrusive, impacts on a primary view of a significant building, or diminishes an understanding of the visual and functional relationships between significant buildings and spaces?

• Will the new development be visible from outside the Prison, potentially forming a backdrop to the perimeter walls and impacting on their external reading and legibility?

• Will the height and scale of new development result in it being overly dominant, and competing with the prominence and status of the significant buildings?

• Will the form of the new building result in it being overly jarring or intrusive, and detracting from the austere character of the historic buildings and place overall?

• Will the materials of the new building compete with the historically prevalent limestone, and diminish the aesthetic impact of the stone buildings?

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ACTION 31
In planning for new development the following steps should be performed:

• Identify and justify the need for the development.

• Explore and document all options for use of an existing building or structure.

• Ensure that the new building supports an operational requirement.

• Identify the resources and funding.

• Obtain heritage advice to address the following questions:

  • Will the proposed development or works impact on the heritage values?

  • What actions can be taken to avoid or minimise the impacts?

  • What conservation actions can be taken to compensate for the impacts, and reveal/enhance significance?

• Identify if the works require statutory approval under the Commonwealth, state and local statutes, including an EPBC Act referral.

• Identify if the proposal is a controlled action (this may have a considerable impact on the timeframe for EPBC Act approval).

• Consult with the relevant statutory heritage authority.

• Consult with stakeholders.

ACTION 32
Consider the demolition of buildings and structures of little or no significance in order to create opportunities for new or replacement buildings. In determining the appropriateness of replacing a demolished building, ask:

• Has the demolition of the building enhanced the significance of the Prison, through revealing or enhancing the presentation of significant buildings or spaces?

If the answer is yes, then constructing a new building in this location is not preferred.
If the answer is no, ask:

• Will the replacement building support an operational requirement?

• Is there no suitable existing building which can meet this need?

The replacement building should be designed with regard to the parameters set out here.

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ACTION 33
For all development approval applications, prepare supporting documentation including:

• detailed architectural drawings incorporating, where relevant and as required:

  • clear and precise demolition drawings including plans, elevations, roof and spatial elements

  • plans, elevations and roof drawings of the new building(s) or structure

• materials board

• photomontages

• views analysis

Always prepare a Heritage Impact Statement, to inform and support new development. It should contain:

• detailed description of the proposed development

• description of the affected area of the Prison

• photographs and graphics (where helpful)

• an overview of the significance and sensitivity of the affected area

• explanation of/justification for the proposed development

• an overview of the impacts:

  • how the proposed development will have a detrimental impact on the heritage significance

  • actions taken to avoid or minimise the impacts

  • actions proposed to help compensate for the impacts

  • other options explored and not pursued, with an explanation/justification

• reference to, and assessment against, the policies of this HMP

• where relevant, an overview of the consultation undertaken including with stakeholders

Where conservation works are proposed as part of a development, detailed conservation documentation is also required, including schedules of works. All decisions should be well documented.

ACTION 34
In determining the location and form of proposed new development, have regard to the other policies and principles contained in this HMP.