Amendment C174: Heritage Gap Study implementation
About Amendment C174
Heritage places enrich our communities by providing a connection to our past. Moreland has a rich cultural heritage consisting of buildings, archaeological sites, monuments, trees, landscapes and other elements.
Council has a responsibility to identify and protect these heritage places for the benefit of current and future generations by including them in the Moreland Planning Scheme within a Heritage Overlay.
Amendment C174 proposes to apply the Heritage Overlay to a number of properties across the municipality in response to recommendations made within the Moreland Heritage Gap Study 2019 (PDF 3Mb). A heritage citation that describes why a property has heritage value has been prepared for all these properties and can be viewed at the Amendment C174: Heritage Document (Citation) page.
The Amendment also introduces an Incorporated Plan (PDF 39Mb) into the Moreland Planning Scheme that makes it easier for owners of heritage places to make minor changes to their property without needing planning permission. These minor changes are listed as exempt or not exempt in different circumstances. Works listed include:
- Demolition of fences, garage doors, outbuildings and verandahs
- Construction or extension of a garage, garage doors, carport, outbuilding, verandah, pergola, deck or fence
- Construction or extension of a pool, spa and associated equipment
- Installation of domestic services including air conditioners, cooling or heating systems, access ladders, hot water services and barbecues, downpipes, flues and water meters
- Installation of rainwater tanks
- Some repairs that change the appearance of the building
- Painting unpainted surfaces and where external paint controls apply
- Display of signage.
Council Consideration of Panel Report and Adoption
On 11 September 2019 Council considered the recommendations of the Panel and resolved to:
- Notes the findings and recommendations of the C174 Panel included at Attachment 1 to this report.
- Splits Amendment C174 to the Moreland Planning Scheme into two parts as follows:
- Amendment C174 Part 1 (as described in Attachment 2 to this report).
- Amendment C174 Part 2 (151A Lygon Street, Brunswick East).
- Adopts Amendment C174 Part 1 to the Moreland Planning Scheme with the changes shown at Attachment 2, pursuant to section 29(1) of the Planning and Environment Act 1987.
- Adopts the final Moreland Heritage Gap Study 2019 reference document as shown at Attachments 3, 4, 5 and 6 to this report.
- Adopts the proposed changes to the Moreland Heritage Exemptions Incorporated Plan 2019, shown at Attachment 7 to this report.
- Adopts the proposed changes to Amendment documentation and Design and Development Overlay – Schedule 18 discussed at section 3 of this report as shown at Attachment 8.
- Submits Amendment C174 Part 1 to the Moreland Planning Scheme to the Minister for Planning for approval, pursuant to section 31 of the Planning and Environment Act 1987.
- Defers adoption of Amendment C174 Part 2 until after a decision is received in relation to the VCAT hearing for 151A Lygon Street, Brunswick East.
- Requests that the Minister for Planning prepare, adopt and approve a prescribed amendment pursuant to section 20A of the Planning and Environment Act 1987 as shown at Attachment 9 to extend the interim heritage controls for 151A Lygon Street, Brunswick East for a period of 12 months while the VCAT process for the site is undertaken and to enable a decision to be made on Amendment C174 Part 2.
- Notifies all submitters of Council’s decision in relation to Amendment C174.
The Council Report and associated attachments can be found on the Council meetings and past agendas page.
Amendment C174 Part 1 was submitted to the Minister for Planning for approval on 16 September 2019.
Amendment C174 Part 2 was abandoned by Council on 12 August 2020. Permanent heritage controls for 151A Lygon Street, Brunswick East will now be applied through Amendment C208 to the Moreland Planning Scheme.
Key documents forwarded to the Minister for Planning for approval can be accessed under the 'Key Documents' section of this web page.
Council received the Panel Report on 20 June 2019.
On 8 August 2019, the Panel issued a corrected Panel Report. The corrections relate to the descriptions provided for the following heritage precincts: Coonan’s Hill, Sumner Estate, Hickford Street and Ewing Street. There have been no changes to the recommendations of the Panel.
The corrected Panel Report can be accessed here (PDF 2Mb).
Further details on the corrections made to the Panel Report can be accessed here (PDF 298Kb).
A Panel Hearing was held at Planning Panels Victoria on Monday 6 and Tuesday 7 May 2019.
The following documents are made available as part of the panel hearing process:
- Council's Part A Submission (PDF 781Kb)
- Council's Part A Submission - Appendices (ZIP 73Mb)
- Council's Part B Submission (PDF 346Kb)
- Council's Part C Right of Reply Submission (PDF 1Mb)
Expert Witness Statements
- David Helms of Context (Heritage - on behalf of Council) (PDF 1Mb)
- Bryce Raworth (Heritage - on behalf of submitter) (PDF 6Mb)
Interim Heritage Overlay
On the 24 January 2019, the Minister for Planning approved a Heritage Overlay on an interim basis to apply to all properties identified through Amendment C174.
The interim controls will be in place until they expire on 31 December 2019. The application of an interim heritage overlay will provide property owners the ability to seek the necessary building and planning consents to develop their properties whilst the permanent heritage controls are considered through the Amendment C174 process.
At the 6 December 2018 Council Meeting, Council resolved to seek authorisation to prepare Amendment C174 to the Moreland Planning Scheme. Council received authorisation from the Minister for Planning to prepare and exhibit the amendment on 30 October 2018.
Consultation and submissions
Submissions closed on Friday 25 January 2019. Thank you to those who made a submission.Council considered a report on the Amendment at the 13 March 2019 Council meeting and resolved to seek the appointment of a panel to consider submissions to the Amendment.
Although submissions have now closed, if you did not make a submission, and would like to do so, please contact Council’s Strategic Planning Unit on 9384 9215.
View the agenda for the 13 March Council meeting which includes the report on submissions.
Copies of the submissions to the amendment received by Council can be viewed below:
- Submissions 1 - 12 (PDF 1Mb)
- Submissions 13 - 23 (PDF 2Mb)
- Submissions 24 - 34 (PDF 1Mb)
- Submission 35 (PDF 272Kb)
- Submission 24 - Additional Information (PDF 5Mb)
Land affected by Amendment C174
Enter your address to see if your property is affected by Amendment C174.
What does Amendment C174 do?
Amendment C174 proposes to make the following changes to the Moreland Planning Scheme:
- Apply a Heritage Overlay to 493 properties made up of 80 individual places, 4 heritage precincts, 3 serial listings and 10 precinct extensions. Each of these properties are classified as being significant, contributory or non-contributory.
- Delete the Heritage Overlay from 3 places: 45 Waxman Parade Brunswick West, 136 Union Street Brunswick and trees along the north side of Glenroy Road between Logan Street and Cardinal Road
- Introduce an Incorporated Plan (PDF 43Mb) into the Moreland Planning Scheme that will affect all places in a Heritage Overlay to exempt minor works from needing a planning permit.
Significant heritage place
- Significant heritage places are of State, municipal or local cultural heritage significance that are individually important in their own right. The heritage place may be a stand alone property or grouped together (Serial Listing) as the properties share a common history and/or significance but which do not adjoin each other.
Contributory heritage place
- Are places that contribute to the cultural heritage significance of a precinct. They are not considered to be individually important however when combined with other heritage places, they play an integral role in demonstrating the cultural heritage significance of a precinct.
Non-contributory heritage place
- Are places within the heritage precinct that have no identifiable cultural heritage significance. They are included within the Heritage Overlay because any development on the place may impact on the cultural heritage significance of the precinct or adjacent 'significant' or 'contributory' heritage places.
- Are a collection of sites that contribute to the significance of a broader area, with the sites being historically related or sharing a common characteristic. This can result in neighbourhoods, streets or sections of streets being included in a precinct.
- Are made up of places that share a common history and/or significance but which do not adjoin each other and may be considered for treatment as a single heritage place.
Where to inspect the amendment
All documents that support this amendment can be found electronically on the right hand side of this web page.
You may also inspect the amendment, any documents that support the amendment and the explanatory report about the amendment, free of charge, at all of Council's Customer Service Centres and Libraries.
The amendment can also be inspected on the Department of Environment, Land, Water and Planning website.
The planning authority must make a copy of every submission available at its office for any person to inspect free of charge for two months after the amendment comes into operation or lapses.
For further information please phone Council's Strategic Planning Team on 9384 9215 or email Strategic Planning.