Applying the Heritage Overlay
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Practice Note | 01
Revised September 2012
Applying the
Heritage Overlay
This practice note provides guidance shall include a statement of significance
about the use of the Heritage Overlay. that clearly establishes the importance
of the place and addresses the heritage
What places should be included criteria.
in the Heritage Overlay?
Any place that has been listed on the What are recognised heritage
Australian Heritage Council’s now criteria?
closed Register of the National Estate. The following recognised heritage criteria
Any place that has been referred by the shall be used for the assessment of the
Heritage Council for consideration for heritage values of the heritage place.
an amendment to the planning scheme. These model criteria have been broadly
Places listed on the National Trust adopted by heritage jurisdictions across
Register of the National Trust of Australia and should be used for all new
Australia (Victoria), provided the heritage assessment work.
significance of the place can be shown Criterion A: Importance to the course or
to justify the application of the overlay. pattern of our cultural or natural history
Places identified in a local heritage (historical significance).
study, provided the significance of Criterion B: Possession of uncommon
the place can be shown to justify the rare or endangered aspects of our cultural
application of the overlay. or natural history (rarity).
Places listed on the former Register of the Criterion C: Potential to yield information
National Estate or on the National Trust that will contribute to an understanding of
Register of the National Trust of Australia our cultural or natural history (research
(Victoria) do not have statutory protection potential).
unless they are protected in the planning
scheme. Criterion D: Importance in demonstrating
the principal characteristics of a class of
The heritage process leading to the cultural or natural places or environments
identification of the place needs to clearly (representativeness).
justify the significance of the place as
a basis for its inclusion in the Heritage Criterion E: Importance in exhibiting
Overlay. The documentation for each place particular aesthetic characteristics
(aesthetic significance).Criterion F: Importance in demonstrating a high Group, thematic and serial listings
degree of creative or technical achievement at a Places that share a common history and/or
particular period (technical significance). significance but which do not adjoin each other or
Criterion G: Strong or special association with a form a geographical grouping may be considered
particular community or cultural group for social, for treatment as a single heritage place. Each
cultural or spiritual reasons. This includes the place that forms part of the group might share a
significance of a place to Indigenous peoples as common statement of significance; a single entry
part of their continuing and developing cultural in the Heritage Overlay Schedule and a single
traditions (social significance). Heritage Overlay number.
Criterion H: Special association with the life This approach has been taken to the listing of
or works of a person, or group of persons, Chicory Kilns on Phillip Island in the Bass Coast
of importance in our history (associative Planning Scheme. The kilns are dispersed across
significance). the island but share a common significance.
Group listing of the kilns also draws attention to
The adoption of the above criteria does not
the fact that the kilns are not just important on an
diminish heritage assessment work undertaken
individual basis, but are collectively significant as
before 2012 using older versions of criteria.
a group.
The thresholds to be applied in the assessment
The group approach has also been used for the
of significance shall be ‘State Significance’ and
former Rosella Factory Complex in the Yarra
‘Local Significance’. ‘Local Significance’ includes
Planning Scheme. This important factory complex
those places that are important to a particular
had become fragmented through replacement
community or locality. Letter gradings (for
development making it hard to justify a precinct
example, “A’, “B’, “C’) should not be used.
listing. The group listing, with a single Heritage
In order to apply a threshold, some comparative Overlay number, has meant that the extent
analysis will be required to substantiate the and significance of the complex can still be
significance of each place. The comparative appreciated.
analysis should draw on other similar places
within the study area, including those that have Writing statements of significance
previously been included in a heritage register or For every heritage place (that is, a precinct or
overlay. Places identified to be of potential State individual place) a statement of significance
significance should undergo limited analysis on a should be prepared using the three-part format of
broader (Statewide) comparative basis. ‘What is significant?’; ‘How is it significant?’ and
‘Why is it significant?’.
Places of significance for historical
What is significant? - This section should be
or social reasons brief, usually no more than one paragraph or a
Planning is about managing the environment and series of dot points. There should be no doubt
changes to it. An appropriate test for a potential about the elements of the place that are under
heritage place to pass in order to apply the discussion. The paragraph should identify
Heritage Overlay is that it has ‘something’ to be features or elements that are significant about the
managed. This ‘something’ is usually tangible but place, for example, house, outbuildings, garden,
it may, for example, be an absence of built form or plantings, ruins, archaeological sites, interiors as
the presence of some other special characteristic. a guide to future decision makers. Mention could
If such things are present, there will be something also be made of elements that are not significant.
to manage and the Heritage Overlay may be
applied. If not, a commemorative plaque is an How is it significant? - A sentence should be
appropriate way of signifying the importance of included to the effect that the place is important
the place to the local community. because of its historical significance, its rarity,
its research potential, its representativeness, its
Practice Note 1 | Applying the Heritage Overlay 2aesthetic significance, its technical significance What is the planning scheme map
and/or its associative significance. These reference number?
descriptors are shown in brackets at the end of In column one of the schedule, the Planning
the heritage criteria listed above. The sentence Scheme Map Reference prefix should read HO1,
should indicate the threshold for which the place HO2, HO3 and so on. Each heritage place in the
is considered important. schedule will have its own identifying number. The
Why is it significant? - This should elaborate on planning scheme maps should also record these
the criteria that makes the place significant. numbers as a cross reference between the maps
A separate point or paragraph should be used and the schedule.
for each criterion satisfied. The relevant criterion
Street numbers and location descriptions
should be inserted in brackets after each point or
Street numbers and locality addresses should
paragraph. Each point or paragraph may include
be included for properties wherever possible.
the threshold for which the place is considered
Where a street address is not available, plan
important.
of subdivision details (for example, Lot 1 of
PS12345) should be used. Avoid using Crown
Saving and displaying statements of
Allotment details, Certificate of Title details or
significance obscure location descriptions if possible.
All statements of significance should be securely
stored in the Department of Planning and How should the Heritage Overlay schedule
Community Development’s HERMES heritage be arranged?
database. There are two preferred options for arranging
Where a place (either a precinct or individual the schedule. Heritage places may be grouped
place) is included in the Heritage Overlay, the according to their suburb, town or location and
statement of significance for that place should then arranged alphabetically by street address
be publicly viewable through the Department of within each grouping. Alternatively, all places may
Planning and Community Development’s Victorian be listed alphabetically by their street address
Heritage Database. irrespective of their location. Use the method
which most assists users of the planning scheme
Additional resources may be required to find the relevant property by a simple search
through the schedule.
When introducing the Heritage Overlay, a council
should consider the resources required to Applying external painting controls
administer the heritage controls and to provide External painting controls over particular heritage
assistance and advice to affected property places can be applied in the schedule by including
owners. This might include providing community a ‘yes’ in the External Paint Controls Apply?
access to a heritage adviser or other technical or column.
financial assistance.
Applying internal alterations controls
Drafting the Heritage Overlay Internal alteration controls over specified buildings
schedule can be applied in the schedule by including a ‘yes’
in the Internal Alteration Controls Apply? column.
What is a heritage place?
This provision should be applied sparingly and
A heritage place could include a site, area,
on a selective basis to special interiors of high
building, group of buildings, structure,
significance. The statement of significance for the
archaeological site, tree, garden, geological
heritage place should explain what is significant
formation, fossil site, habitat or other place of
about the interior and why it is important.
natural or cultural significance and its associated
land. It cannot include movable or portable objects Applying tree controls
such as machinery within a factory or furniture The schedule can apply tree controls over
within a house. heritage places. The tree controls could apply to
Practice Note 1 | Applying the Heritage Overlay 3the whole of a heritage place (for example, over a available range of permissible uses is insufficient
house site or an area) or a tree or group of trees to provide for the future conservation of the
could be specifically nominated as the heritage building. Currently this provision applies in the
place. Tree controls are applied by including a metropolitan area of Melbourne to places that are
‘yes’ in the Tree Controls Apply? column. included on the Victorian Heritage Register.
The control is designed to protect trees that are Aboriginal heritage places
of intrinsic significance (such as trees that are Scarred trees, stone arrangements and other
included on the National Trust Register or trees places significant for their Aboriginal associations
that contribute to the significance of a heritage can be identified by including a ‘yes’ in the
place (for example, trees that contribute to the Aboriginal Heritage Place? column. As with
significance of a garden or area). The control is any place listed in the Schedule to the Heritage
not meant to protect trees for their amenity value. Overlay, supporting justification is expected to
See Practice note 7 – Vegetation Protection in apply this provision.
Urban Areas for alternative methods of vegetation
protection. The standard permit requirements of Clause
43.01-1 of the Heritage Overlay apply to
How should places on the Victorian Aboriginal heritage places included in the
schedule. Clause 43.01-6 reminds a responsible
Heritage Register be treated in the authority that the requirements of the Aboriginal
schedule? Heritage Act 2006 apply to these places.
Under Clause 43.01-3, places on the Victorian
Heritage Register are subject to the requirements How are heritage precincts and areas
of the Heritage Act 1995 and not the planning treated?
provisions of the Heritage Overlay. Places Significant precincts and areas should be identified
included on the Victorian Heritage Register should in the schedule as well as being mapped.
be listed in the schedule.
A dash should be recorded in columns three How are individual buildings, trees
(external paint controls), four (internal alteration or properties of significance located
controls), five (tree controls) and six (outbuildings within significant areas treated?
and fences) to avoid any possible confusion as The provisions applying to individual buildings and
to whether planning provisions apply to these structures are the same as the provisions applying
properties. In column seven (‘Included on the to areas, so there is no need to separately
Victorian Heritage Register ...’) the reference schedule and map a significant building, feature or
number of the property on the Victorian Heritage property located within a significant area.
Register should be included as an aid to users of
The only instance where an individual property
the planning scheme.
within a significant area should be scheduled and
mapped is where it is proposed that a different
Allowing a prohibited use of a requirement should apply. For example, external
heritage place painting controls may be justified for an individual
It is possible to make a prohibited use permissible building of significance but not over the heritage
at specific places by including a ‘yes’ in the precinct surrounding the building.
Prohibited uses may be permitted? column. Alternatively, tree controls may be justified for
This provision should not be applied to significant a specific tree or property within a significant
areas because it might result in the de facto precinct but not over the whole precinct. In such
rezoning of a large area. The provision should situations the individual property or tree should be
only be applied to specific places. For example, both scheduled and mapped.
the provision might be used for a redundant Significant buildings or structures within a
church, warehouse or other large building significant precinct can be identified through a
complex where it is considered that the normally local planning policy.
Practice Note 1 | Applying the Heritage Overlay 4How is a building, tree or feature Where a heritage place does not encompass the
on a large parcel of land listed and whole of the property, care should be taken to
accurately show the area to which the provision
mapped? applies. For instance, if a homestead is affected
The Heritage Overlay applies to both the listed by the Heritage Overlay but not the whole of the
heritage item and its associated land (refer Clause farm, a polygon should be allocated to the area
43.01 - Scope). It is usually important to include of affected buildings and associated land. The
land surrounding a building, structure, tree or wording to describe the Heritage Place in the
feature of importance to ensure that any new schedule should be specific to identify the area
development does not adversely affect the setting covered by the overlay. (See the example of
or context of the significant feature. In most Heritage Place HO4 in the attached schedule.)
situations, the extent of the provision will be the
whole of the property (for example, a suburban Mapping Heritage places
dwelling and its allotment). All heritage places must be both scheduled and
However, there will be occasions when the area to mapped.
which the provision applies should be reduced so In each case, care should be taken to ensure
that it does not apply to the whole of the property. that there is an accurate correlation between
Examples might include: the Heritage Overlay schedule and the Heritage
a homestead on a large pastoral property Overlay map.
where only the buildings and their immediate If there is a discrepancy between the schedule
surroundings are important but not the and the map, the description of the place given in
remainder of the property the schedule to the Heritage Overlay, supported
a significant specimen tree on an otherwise by the statement of significance, should be the
unimportant property predominant means of identifying the areas to
which the overlay applies.
a horse-trough, fountain or monument in a
road reservation
a grandstand or shelter in a large but
otherwise unimportant public park.
ISBN 978-1-921940-58-3
Published by the Victorian Government Department of Planning and Community Development Melbourne, September 2012.
© The State of Victoria Department of Planning and Community Development 2012.
This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968.
Authorised by the Victorian Government, 1 Spring Street, Melbourne.
This publication may be of assistance to you but the State of Victoria and its employees do not guarantee that the publication is without flaw
of any kind or is wholly appropriate for your particular purposes and therefore disclaims all liability for any error, loss or other consequence
which may arise from you relying on any information in this publication.
www.dpcd.vic.gov.au/planning
Practice Note 1 | Applying the Heritage Overlay 5Schedule to the Heritage Overlay
The requirements of this overlay apply to both the heritage place and its associated land.
PS Heritage Place External Internal Tree Outbuildings or Included on the Prohibited Name of Aboriginal
Map Paint Alteration Controls fences which are Victorian Heritage uses may be Incorporated Plan heritage
Ref Controls Controls Apply? Not exempt under Register under the permitted? under Clause place?
Apply? Apply? Clause 43.01-3? Heritage Act 1995? 43.01-2
HO1 House Yes No No No No No No
1 Albert Street, Belmont
Practice Note 1 | Applying the Heritage Overlay
HO2 Athol House - - - - - Yes No
57 Albert Street, Belmont
HO3 Jones Foundry Yes No No No No No
4 William Street, Breakwater
HO4 Moreton Bay Fig Tree No No Yes No No No No
26 Bryant Street, Ceres
The heritage place is the Moreton Bay
Fig Tree and land beneath the canopy
edge of the tree for a distance of five
metres from the canopy edge.
HO5 House Yes No No Yes No No No
13 Albert Street, Geelong
HO6 Bay Villa Yes Yes No No No No No
122 Middle Street, Geelong
HO7 Barwon River Bridge - - - - Yes No No
Station Street, Geelong
Ref No H789
HO8 William Street Precinct Yes No No No No No No
William Street, Geelong
HO9 Mount Rothwell Stone Arrangement No No No No No No Yes
Mount Rothwell Station
Little River-Ripley, Little River
6You can also read
