A heritage overlay is a planning scheme control applied to individual buildings, land, trees, precincts, or other items that have been determined to be of Cultural Heritage Significance.
A heritage study generally details “what, why, and how” a heritage place is significant. Heritage studies can be carried out for whole municipalities, individual buildings, or groups of related buildings, properties or features, such as trees or bridges.
Councils have a statutory duty to conserve and enhance places of special cultural value at a local level under Section 4(1)(d) of the Planning and Environment Act 1987:
- ‘To conserve and enhance those buildings, areas and other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value’.
This includes the preparation of heritage studies to prepare across their municipality to identify what is of heritage value.
The heritage overlay outlines when planning permits are and aren’t required for works on properties identified in a heritage overlay.
Under Clause 43.01 of the Yarriambiack Planning Scheme, a permit is required to:
- Subdivide land.
- Demolish or remove a building.
- Construct a building or construct or carry out works, including:
- Domestic services normal to a dwelling if the services are visible from a street (other than a lane) or public park.
- A solar energy system attached to a building that primarily services the land on which it is situated if the system is visible from a street (other than a lane) or public park and if the schedule to this overlay specifies the heritage place as one where solar energy system controls apply. Check the schedule to see if the control applies.
- A rainwater tank if the rainwater tank is visible from a street (other than a lane) or public park.
- A fence, if the fence is visible from a street (other than a lane) or public park.
- Roadworks which change the appearance of a heritage place or which are not generally undertaken to the same details, specifications and materials.
- Buildings or works associated with a railway, railway station or tramway constructed or carried out by or on behalf of the Head, Transport for Victoria.
- Street furniture other than:
- Traffic signals, traffic signs, bus shelters, fire hydrants, parking meters, post boxes and seating.
- Speed humps, pedestrian refuges and splitter islands.
- A domestic swimming pool or spa and associated mechanical and safety equipment, if the swimming pool or spa and associated equipment are visible from a street (other than a lane) or public park.
- A pergola or verandah, including an open-sided pergola or verandah to a dwelling with a finished floor level not more than 800mm above ground level and a maximum building height of 3 metres above ground level.
- A deck, including a deck to a dwelling with a finished floor level not more than 800mm above ground level, if the deck is visible from a street (other than a lane) or public park
- Non-domestic disabled access, excluding a non-domestic disabled access ramp if the ramp is not visible from a street (other than a lane) or public park.
- An electric vehicle charging station if the charging station is visible from a street (other than a lane) or public park.
- Services normal to a building other than a dwelling, including chimneys, flues, skylights, heating and cooling systems, hot water systems, security systems and cameras, downpipes, window shading devices, or similar, if the works are visible from a street (other than a lane) or public park.
- Externally alter a building by structural work, rendering, sandblasting or in any other way.
- Construct or display a sign.
- Externally paint a building if the schedule to this overlay specifies the heritage place as one where external paint controls apply. Check the schedule to see if the control applies.
- Externally paint an unpainted surface.
- Externally paint a building if the painting constitutes an advertisement.
- Internally alter a building if the schedule to this overlay specifies the heritage place as one where internal alteration controls apply. Check the schedule to see if the control applies.
- Carry out works, repairs and routine maintenance which change the appearance of a heritage place or which are not undertaken to the same details, specifications and materials.
- Remove, destroy or lop a tree if the schedule to this overlay specifies the heritage place as one where tree controls apply. Check the schedule to see if the control applies. This does not apply:
- To any action which is necessary to keep the whole or any part of a tree clear of an electric line provided the action is carried out in accordance with a code of practice prepared under Section 86 of the Electricity Safety Act 1998.
- If the tree presents an immediate risk of personal injury or damage to property.
You will also need to check the heritage overlay schedule to see if any controls apply to your property as it will identify any additional controls such as external painting controls and/or internal alteration controls that apply to the site.
These properties will be identified by a number in the schedule to the heritage overlay. The overlay and the schedule must be read in conjunction with one another.
A heritage study will normally include:
- A Statements of Significance that clearly state why each heritage place is significant; and
- Identify the elements that contribute to the significance of the heritage place (the ‘Contributory Elements’)
Statements of Significance for individual heritage places will consider elements of significance such as but not limited to external and internal building details and colours, original finishes, fences, gates, open space areas, landscaping layout and features.
For areas such as precincts, Statements of Significance should identify all ‘Contributory Elements’ and could include features such as but not limited to kerbs, signage, trees, fences, buildings, and landscape features.
When an application is submitted, council must consider the Statement of Significance for the place and understand what parts contribute to the significance to ensure the place is not adversely affected by the proposed works.
Applications may be referred to a heritage advisor to help assist in making an informed decision.
In some cases, such as converting a heritage place into a dwelling, you may require assistance from a heritage consultant.
You can find a heritage consultant by visiting: https://www.heritage.vic.gov.au/protecting-our-heritage/find-a-heritage-consultant