Heritage Overlays
Chiltern streetscape
Places of heritage significance to a locality can be protected by a Heritage Overlay. Heritage Overlays are contained within local council planning schemes and assist in protecting the heritage of a municipality. Heritage Overlays include places of local significance as well as places included in the Victorian Heritage Register.
Heritage Overlay guidelines
The Heritage Overlay Guidelines aim to encourage high quality conservation, alteration and development of Heritage Places. The Guidelines do not replace any local heritage guidelines produced by the relevant Responsible Authority.
These Guidelines have been prepared by Heritage Victoria and the Heritage Council of
Victoria.
The importance of protecting heritage
Scandinavian Crescent, Talbot
Heritage places are important for enriching our lives and our communities. Buildings, areas, landscapes and other places of heritage value provide a window to the past and to the very origins of our communities. Heritage places also add character, appeal and interest to our cities, towns and countryside. They are irreplaceable and precious.
Respect for our cultural heritage involves retaining and managing places that have importance to us as a community. One of the objectives of planning in Victoria is to conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value.
All municipalities contain important heritage places, which may include buildings and areas, Aboriginal and archaeological sites, trees, gardens or natural areas. Local Councils have a role to play in recording and protecting places of value to the local community.
Definition of a heritage place
A heritage place could include a site, area, building, group of buildings, structure, archaeological site, tree, garden, geological formation, fossil site, or other place of natural or cultural significance and its associated land. Heritage places in Victoria are considered to be either of 1) State (or national significance) or 2) Local significance.
Heritage authorities
Sturt St in Ballarat
Heritage places of 'state significance' are listed on the Victorian Heritage Register. The Heritage Council and Heritage Victoria are responsible for maintaining this register and issuing heritage permits for the development of heritage places of state significance under the Heritage Act (1995). Heritage Victoria also maintains a register of non-Aboriginal archaeological sites in the Heritage Inventory.
Heritage places of 'local significance' (that is, places important to a local community) are usually identified within the local municipal planning scheme and are afforded protection via a Heritage Overlay control. Municipal Councils are responsible for issuing planning permits for the development of heritage places under the Planning and Environment Act (1987).
The National Trust is a community organisation that works towards preserving and protecting heritage places. The identification and classification of heritage places by the National Trust does not constitute legal recognition of their significance. Although the National Trust plays an important role in advocating heritage protection, it is not responsible for issuing heritage or planning permits.
Identification of heritage significance
Most local heritage places are identified through a municipal heritage study, carried out by an experienced heritage consultant. During the initial stages of the heritage study, the community and local historical societies are normally encouraged to nominate sites and places of potential heritage significance. Nominated places then undergo a heritage assessment in order to determine whether or not the place is significant and warrants heritage protection at either a State or local level.
Assessment of heritage significance
Heritage assessments are generally carried out by qualified and experienced professionals. Assessment reports usually include a history and description of the place, its condition and integrity, and a Statement of Significance. The Statement of Significance generally identifies 'what' is important, 'why' it is important, and `how' it is significant.
Heritage Overlay provisions
View St, Bendigo
The Heritage Overlay provisions are set out at Clause 43.01 within all Victorian Planning Schemes. A local Schedule to the Heritage Overlay lists the properties affected by the Heritage Overlay and any additional controls which may apply to that particular site. The Heritage Overlay is mapped in the Planning Scheme to show the location and extent of heritage controls over a particular heritage place.
Under the Heritage Overlay a planning permit is required from the council to:
- Subdivide or consolidate land;
- Demolish or remove a building (including part of a building);
- Construct a building (including part of a building, or a fence);
- Externally alter a building;
- Construct or carry out works;
- Construct or display a sign;
- Externally paint an unpainted surface; and
- Externally paint a building if the painting constitutes an advertisement.
In some instances, external paint controls, internal alteration controls and control over trees may also apply. The Schedule to the Heritage Overlay will identify whether these additional controls apply. The Heritage Overlay will not always apply to the whole of the land. Refer to planning scheme maps for extent. Property owners and developers are strongly encouraged to discuss proposals with council prior to committing to a project.
Making changes to a property protected by a Heritage Overlay
Making changes to property protected by a Heritage Overlay: Precincts
Within a heritage area or precinct, the primary objective is to ensure the conservation of those elements that contribute to the area's significance. Not every building or landscape element will be significant, and the removal or alteration of non-contributory elements or the development of these sites is not usually a major concern. The objective is to ensure that where development does occur, it occurs in a manner which is appropriate to the significance, character and appearance of the heritage area.
Making changes to property protected by a Heritage Overlay: Restoration
The Heritage Overlay cannot compel an owner to restore or return his or her property to its original appearance against their will. Some councils may however offer incentives for restoration works. You should contact your council to find out whether any incentive programs exist.
Making changes to property protected by a Heritage Overlay: Demolition
Being able to demolish a house or building depends on a number of factors. The primary purpose of the Heritage Overlay is to protect the heritage significance of a building, place or area. If the heritage place is individually significant, or if it contributes to the significance of an area, a permit for demolition may be refused. If a planning permit is refused, it is possible to have this decision reviewed by the Victorian Civil and Administrative Tribunal.
Changes that can be made without a planning permit
A planning permit is not required under the Heritage Overlay to carry out routine maintenance and repairs which do not change the appearance of the heritage place. If the repairs or maintenance involve replacing "like with like", then a planning permit may not be required. For example, a rusty iron roof may be replaced with a new iron roof but a planning permit would be required for a change in materials (for example, to use tiles instead of iron).
Impact of heritage listing on the value of property
Heritage Victoria reviewed a number of studies that investigated the effect of heritage listings upon property values and development potential (see the report Heritage Listing & Property Valuations in Victoria, 2001(pdf 85kb)). The studies ranged from those which indicated a positive impact upon property values following heritage listing to those that indicated a negative impact. In summary, it found that:
- Research studies, both domestic and international, indicate that heritage listing on a macro level is not a significant factor in determining property value either at the time of listing or following. However, there are individual cases where the effects are more significant, either positive or negative.
- It is often difficult to estimate the specific effects of heritage listing on the value of a property since heritage controls do not prohibit development, subdivision or demolition but require that approval be obtained. Where there is some capacity to develop the particular place and achieve additional development on the land without seriously compromising the heritage significance of the place, the impact on values may not be as great as where the capacity for further development is more limited.
Insuring buildings covered by a Heritage Overlay
As long as heritage buildings are structurally sound, water tight, secure and well maintained, there should be no difficulty with insuring heritage properties. Premiums should not be any higher than for an unlisted property. It is recommended however that property owners confirm this matter with their individual insurer.
Aboriginal heritage places within Heritage Overlay controls
While some Aboriginal heritage places are included in Heritage Overlays controls, broad protection of Aboriginal heritage is provided under the Aboriginal Heritage Act 2006. Therefore, the Heritage Overlay should not be relied upon for information about the existence of places of Aboriginal heritage value. Further information is available from Aboriginal Affairs Victoria or call (03) 1800 762 003.