Brisbane,
Queensland – Specialist heritage barrister, Chris Robertson
ridiculed the Pine Rivers Shire Council this week in a letter to the Northern
Times newspaper. He called one of the Council's
main reasons for appealing the heritage listing a "red herring" and stated that
"heritage listing does not prohibit or prevent motor sport...it
is quite the reverse actually."
Lakeside Motor Racing Enthusiasts president, Ian
Milton, welcomed the expertise and contribution from one of the club's members:
"Chris is a level-headed guy and has worked hard
to bring about a win-win solution for all the interested parties, but I think
he's just reached the point where he
can't tolerate the scare campaign and
misinformation anymore."
Last month, LMRE sent an open letter to the PRSC
requesting that Lakeside International Raceway be re-opened to club-level motor
racing to provide a safe alternative to street racing, hooning and reduce the
appalling youth road toll. The Mayor, Yvonne Chapman responded in a letter that
did not recognise the issues, but did go on to say,
"Council's current position in relation to
Lakeside is that clubs and others requesting to use Lakeside are being advised
that Lakeside is not available for use prior to the calling of an Expression
of Interest in the future once the heritage listing is resolved."
On many
occasions, Pine Rivers Shire councilors
intimated that heritage listing is the root of all the problems, that motor
racing would already be back at Lakeside if not for the listing, and that the
bureaucratic restrictions of the listing are the motivation for the much
heralded appeal.
However, PRSC is the only party who can set a court
date for the heritage appeal to resolve
the issue, but they have sat on their hands since signaling their intention to
appeal to the courts nearly 18 months ago.
Mr. Milton pleaded for common sense,
"When is
the Council going to stop presenting
these unsubstantiated and ridiculous claims to the people of the Shire
and at what point will the Councilors recognize that they have a
responsibility to the young drivers of Queensland."
"Council have provided a creative list of
amorphous reasons for their actions over the past two years, all of which, we
eventually find out sooner or later, to be totally baseless, and now they have
sought protection from the elected official's friend - legal proceedings.
They've spent tens of thousands of dollars on researching skateboard parks for
the shire, but cannot produce any research or business plan for the purchase
of Lakeside. I shudder to think what it is that can make Councilors work so
hard to achieve nothing."
The
Council purchased the 43 year old circuit in 2001 and immediately stopped motor
racing, even though the facility is heritage listed by the State Government to
preserve the culture of the site.
To the Editor Northern
Times,
Dear Sir/Madam,
If the report by Glenn Roberts in the
Northern Times of 19 November 2004 is accurate, and there is no reason to
doubt it is not, regarding the Pine Rivers Shire Council’s current approach to
Lakeside, ratepayers of the Shire and motorsport enthusiasts of Queensland
should be gob-smacked!
However before we dispel this current round of diatribe
that is emanating from those hallowed halls of the Shire, I would like to
recognise a few points. Firstly it should be acknowledged that this writer is a
member of the Lakeside Motor Racing Enthusiasts Inc; secondly the writer of this
letter is also a barrister and historian with over ten years experience in the
heritage field – both of which I submit strongly suggest I know what I am
talking about; and finally but not least of all, the inclusion of Lakeside on
the State Heritage Register recognises that Lakeside is a Queensland cultural
asset – not just an asset of the Pine Rivers Shire. There is little doubt, when
one considers the immense and impressive sporting and social history of
Lakeside, the Heritage Council got it absolutely right when they entered the
property onto the Queensland State Heritage Register.
The foremost point of all in this letter is that
state heritage listing does not – I repeat - does not prohibit or
prevent motor sport, or any activities for that matter (this of course excludes
those activities which would compromise the heritage integrity of the place) at
Lakeside. It is quite the reverse actually. Under the Burra Charter, the
document formulated in Australia to provide a standard practice for the
conservation and management of places of cultural significance, Article 7.1
states “Where the use of a place is of cultural significance it should be
retained.” Further, under Article 7.2 it states “A place should have a
compatible use.” The excepted link to the use of a heritage place in regard to
its past is unequivocal.
In short there is definitely no impediment
regarding the heritage listing, apart from the practicalities and regulations of
running a motorsport complex and ensuring activities such as motorsport, do not
compromise the heritage integrity of the place (although this is very hard to
imagine as this was the primary justification for its listing), that would
prevent any activities, including motorsport, returning to Lakeside.
The next issue concerns the claim that it would
take of three to six months to get approvals (presumably) to do “basic
improvements.” Again another red herring! Under the Queensland Heritage Act
1992 sections 35-38 the Heritage Council have the power to approve and issue
Exemption Certificates for basic work and maintenance or to enter into Heritage
Agreements, section 39-43. These expedite approvals for work and maintenance on
a heritage place. In my experience Exemption Certificate applications are
handled very promptly, fairly and in general assist property owners rather than
impede their efforts.
There is little doubt that as a local authority
PRSC must consider such amenity issues as environment, noise, safety, access
and traffic. However this is completely distinct from the complex’s value as a
heritage place. In addition it should be noted that heritage listing does not
preclude the locating and operating of a motoring museum – if that is the PRSC’s
desire. Such applications are considered when and if they are lodged with the
State’s Heritage Council. Approval of such applications will undoubtedly ensure
the heritage integrity of Lakeside is not compromised, that a listed place
remains viable and has a tangible visual link to its significant past. On the
financial front one should also not overlook the possibility that grants are
available to heritage listed properties.
However of greater concern is the realisation at
large amounts of ratepayers’ money is being spent on legal action to challenge
the heritage listing (one would envisage this would cost around $100K – each
party bears their own costs in the Qld Planning and Environment Court) which
could be better spent improving and maintaining the facility for all.
And according to the report of the 19th
November if motorsport in some form or another will return to Lakeside one
wonders why the PRSC are really pursuing such an action? Has anyone taken the
time to obtain the Heritage Council’s opinion on the negotiations? This is the
dawn of the 21st century, and as such heritage is here to stay - to
the PRSC learn to live with it and allow the community the opportunity to do so!
What then is the lesson in this saga? Could it
simply be that instead of exerting fruitless energy chasing fictitious bogeymen
in an attempt to obscure the handling of the Lakeside heritage issue, and other
unknown objectives, the PRS’s elected representatives should seek realistic
expert advice that facilitates the release and utilisation of this significant
cultural asset, at minimal cost to rate payers of the Pine Rivers Shire, and for
that matter tax payers of Queensland, as the State is the respondent in this
action? Lakeside is for community use, of which motorsport enthusiasts are an
integral part, and heritage listing does not inhibit this.
Chris Robertson
