Published on Friday, 26 June 2026 at 3:14:22 PM

The Town of Bassendean has resolved to exercise its legal right to repurchase the heritage listed Pensioner Guard Cottage at 1 Surrey Street, following Council’s decision in December 2025 to return the site to Town ownership.

In 2021, the Town invited expressions of interest for the future use and restoration of the Pensioner Guard Cottage, which was then owned by the Town. Perth History Association Inc. (PHA) submitted an Expression of Interest (EOI) proposing that the property be transferred to PHA for a nominal amount of $1, in return for undertaking specified heritage restoration works to the site. The EOI presented by PHA indicated they had the financial capacity and the expertise required to restore the property and to return the property to community use.

The Town accepted PHA’s proposal, subject to the Agreement for Restoration Works and Transfer of Lot 50 (No1) Surrey Street, which established a timetable for the completion of the restoration works, and should PHA fail to meet the terms of the Agreement, the Town retained the right to repurchase the site for $1.

Prior to the Agreement expiry date in December of 2025, the Town engaged regularly with PHA in good faith, seeking progress updates in support of the delivery of the restoration works to enable compliance with the Agreement.

On-site progression of the significant items of restoration had not occurred by mid-December 2025, and the Town further formed the view that PHA could not demonstrate financial capacity to undertake the required works in a time period suitable to the Town.

As a result, Council determined that taking back responsibility for the property was the most appropriate course of action and in the best interests of the community. With stronger financial capacity and greater resourcing than at the time of the original agreement, the Town is better placed to oversee the complex restoration of this significant heritage site and to return the asset to community use.

At a Special Council Meeting held on 22 December 2025, Council resolved to exercise its legal right to repurchase the property and to take the necessary steps to protect this important heritage asset. A formal dispute resolution process was undertaken as per the Agreement's requirements.

Parties failed to reach agreement following the formal dispute resolution process outlined in the Agreement. Given the unresolved nature of the matter, both parties were required to enter into commercial arbitration to reach a resolution in accordance with their contractual obligations.

To date, Perth History Association has been unresponsive in relation to honouring and observing the Town’s contractual right to arbitration, despite genuine attempts by the Town to pursue this outcome. Given there has been no response, it has been deemed that Perth History Association has repudiated the agreed dispute process, being arbitration. The Town is now exercising its legal right as per the Agreement, to proceed to settlement.

At the June 23 Ordinary Council Meeting (OCM), Council reaffirmed its 22 December 2025 decision to have 1 Surrey Street (Lot 50) re-transferred to the Town and authorised the CEO to continue to represent the Town to facilitate the transfer of the title to the Town.

Mayor Kath Hamilton said Council’s actions reflect a strong commitment to the responsible stewardship of the Town’s built heritage. 

“The Pensioner Guard Cottage is an irreplaceable part of Bassendean’s story. Bringing the site back into Town ownership allows us to ensure it is protected and to carefully plan for its restoration and future community use,” Mayor Hamilton said.

“Our focus throughout has been on achieving an outcome that protects this important heritage place for current and future generations.”

The Pensioner Guard Cottage is recognised on both the National Trust of Western Australia register and the State Register of Heritage Places. As the oldest surviving building in Bassendean, it tells an important story of the Town’s early settlement and convict history.

Should the site return to Town ownership, Council would look to carefully plan for restoration and investigate potential future uses that support community access and engagement, including education, exhibitions, community and arts activities, or other complementary uses. 

The Town would also seek to minimise impacts on the community by pursuing external funding opportunities from State and Federal Governments, including programs linked to heritage and significant milestone commemorations.

View the Agreement for Restoration Works and Transfer of Lot 50 (No1) Surrey Street

Media contact: Hannah Forde, Senior Communications Officer, 0475 505 693 or [email protected]

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