“The banality of evil”: Whitehorse Council removes 112 sites off “secret” heritage list in the name of property rights

Whitehorse Council has decided not to move ahead with plans to ditch low-priority heritage sites from its plans.

As part of a motion this week, councillors voted to instead narrow down the list of properties that could be found to be in need of heritage protection and make this list public.

The background facts

Whitehorse Council first adopted its Draft Heritage Framework on September 21, 2020.

This framework aimed to help the council identify and protect historic buildings, places and objects, and initially categorised 144 properties as “Priority C” — the lowest of the three priority ranks.

A review of the framework removed 58 properties from the framework in 2022 and a recent review cut a further 54 places.

Council officers are currently undertaking further assessments to determine if the remaining 32 “Priority C” places meet the criteria for inclusion in the heritage overlay.

Council decides to keep heritage transparent

The heritage issue first came to the fore at the council’s December 2024 meeting.

Whitehorse councillor Blair Barker moved a motion asking council officers to report on how it could remove all low-priority properties from the Potential Heritage List, essentially preventing cases where homeowners unknowingly buy properties which may later be heritage-protected.

This sort of situation has been in the news before. Maribyrnong Council, in the city’s west, decided to scrap a heritage overlay altogether and there have been concerns raised by a number of residents across parts of inner Melbourne.

This week, Whitehorse council passed a motion to acknowledge the review of the properties listed as “Priority C” in the Potential Heritage list — the lowest of the three priority ranks.

The backstory

Councillor Barker originally moved the motion off the back of a young couple in Blackburn North who almost had their homebuilding dreams dashed by a last-minute decision to heritage list.

In September, the couple paid $1.335 million for 2 Peter Avenue, Blackburn North, with the intention to demolish it and rebuild. Following the sale, they received a notice that the local council were considering placing heritage protections on the property meaning they wouldn’t be able to demolish it.

Eventually, councillors decided to abandon any further consideration of heritage controls in relation to the Blackburn North property.

No secrets

Whitehorse councillor Kirsten Langford said maintaining heritage-protected properties within Whitehorse was important, but not at the expense of those wishing to buy homes in the area.

“We need clear and transparent communication to all stakeholders,” she told the chamber.

Speaking during the meeting, Barker said the instance of the couple buying a property in Blackburn North and being told they could not demolish it showcased “the banality of evil” inherent in the state’s heritage laws.

“In many instances, these laws give us the ability to ruin people’s lives, to bankrupt people,” he said.

“All those decisions will come to us, they will not be decided by faceless bureaucrats in back offices.”