After the notification period (if notice was undertaken), Heritage Victoria will complete the assessment of the proposal and decide to:
- Issue a permit for all of the works, or
- Issue a permit for some of the works, or
- Refuse the permit
A heritage permit can be granted with or without conditions, and a proposal can only proceed if all conditions are met.
The applicant, responsible authority, and submitters are informed of Heritage Victoria’s determination via a notice of determination or a notice of refusal. The notice will outline the next steps you can take.
An applicant can apply to the Heritage Council of Victoria for a review of a permit decision if a permit is refused or a permit condition is considered by the applicant to be unacceptable.
Heritage Victoria prepares a report which describes:
- Why the place or object is of heritage significance
- The proposal and its impacts on the cultural heritage significance of the place or object
- The extent to which the refusal of the application
would affect the reasonable or economic use of the place or object
- Any submissions made by the responsible authority
or as a result of public advertising
- The extent to which the refusal of the application would unreasonably detrimentally affect the ability of a public authority to perform their statutory duty
- The extent to which the proposal would affect world heritage values
- Matters relating to the protection and conservation of the place or object
- The extent to which the proposal would affect adjacent heritage properties
- Any other relevant matter
Heritage Victoria will make a recommendation about whether or not a heritage permit should be granted. They have to judge the impacts of a proposal on the heritage significance of a place, and may have to strike a balance between competing objectives. Heritage Victoria considers a range of principles, guidelines and legislation in making the recommendation.
A heritage permit is determined by the Executive Director, Heritage Victoria, or their delegate.
A permit is nearly always subject to specific conditions that must be met. A copy of the notice will be issued to the applicant, the responsible authority and any submitters.
Information about the permit review process is included on the notice.
Heritage Victoria may determine to issue a permit for only some of the works specified in the application.
In this instance you will receive a copy of a permit for the approved elements, and a copy of the notice of refusal to grant a permit for the unapproved elements. Information about the permit review process is included.
Heritage Victoria may indicate in advance if your application is going to be partially approved. This gives you an opportunity to make changes to your application which address Heritage Victoria’s concerns. You are not under any obligation to amend the application.
If an application is partially refused you have 60 days from the date of the notice to lodge a request for review to the Heritage Council of Victoria.
If Heritage Victoria refuses to grant a permit a notice of refusal to grant a permit will be issued.
The grounds for the refusal will be listed on the notice.
A copy of the notice will be issued to the applicant, the responsible authority and any submitters.
Information about the permit review process is included on the notice. Heritage Victoria may indicate in advance if your application is going to be refused. This gives you an opportunity to make changes to your application which address Heritage Victoria’s concerns. You are not under any obligation to amend the application.
If an application is refused you have 60 days from the date of the notice of refusal to lodge a request for review to the Heritage Council of Victoria.
Comply with all permit conditions
Check the conditions of the permit carefully and note any that must be complied with prior to the commencement of works. For example, amended plans may be required, or there may be a requirement for a financial security. You must comply with all permit conditions.
Non-compliance with a permit can attract significant penalties.
Most permits expire if the permitted works have not commenced within two years of the date of issue of the permit, or are completed within four years of the date of issue.
Unlike planning permits, heritage permits cannot be extended after they have expired.
If you need an extension of time to complete the permitted works, you can apply for a permit amendment from Heritage Victoria.
If a permit condition is unacceptable you can apply to the Heritage Council of Victoria for a review.
If you have a current (ie not expired) permit, and you wish to carry out works which are not included in the current permit or vary a condition of the permit, you can apply to Heritage Victoria to amend the permit. You can also seek an amendment to the validity period of the permit. Please note permit amendment requests are still lodged via email using a paper based form.
A fee applies to permit amendment requests.
Heritage Victoria will accept the application for assessment within 28 days unless it is considered that the changes are so substantial that a new permit is required. Heritage Victoria may also refuse the application if the proposed amendment would result in harm to the cultural heritage significance of the place or object.
The responsible authority, and any submitters to the original permit application will be notified of any accepted permit amendment application.
You can apply to amend a heritage permit application while it is under assessment by Heritage Victoria. Please note applications to amend a current permit application are still lodged via email using a paper based form.
A fee applies to permit application amendment requests.
Heritage Victoria will accept the application to amend unless it is considered that the changes are so substantial that a new permit application is required.
All permit amendment applications are referred to the responsible authority for comments and consultation.
If a request to amend a permit application is received after the permit application has been advertised, Heritage Victoria may require the application to be re-advertised.
Permit reviews are conducted by the Heritage Council of Victoria so that owners or applicants who are dissatisfied with a decision can challenge that decision and present their case in person.
Eligibility for review
You can request a review of the refusal of a permit if you are:
- The applicant
- The owner, or government asset manager
- A person with a real and substantial interest in the property or object, for example a tenant or someone with a licence or legal right
You can request an appeal against the conditions of a permit if you are:
- The applicant
- The owner or government asset manager
You have 60 days from when the decision was made to lodge a request for review.
The application for review must be made to the Heritage Council of Victoria. More information about the permit review process including application forms and permit review fees can be found on the Heritage Council of Victoria website.
Parties to a Heritage Council of Victoria permit review bear their own costs.
Page last updated: 07/05/20