Instructions for completing an `Application for permit to carry out

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Instructions for completing an ‘Application for permit
to carry out works or activities to a heritage place or
heritage object’ form
Important information for applicants
These instructions are designed to assist applicants to apply for a Heritage Permit to
undertake works to a Heritage Place or Heritage Object. Places and objects included in the
Victorian Heritage Register have been determined to be of State-level cultural heritage
significance and are subject to the provisions of the Heritage Act 1995 (the Act).
A Heritage Permit is required for all works and activities to a Heritage Place or Heritage
Object, except in the following circumstances:
1.
a permit exemption was approved by the Heritage Council under section 42(4) of
the Act at the time the place or object was registered; or
2.
written confirmation that a permit is not required has been provided by the
Executive Director under section 66(3) of the Act - for example where the works
have been determined to be 'minor' and do not have a negative impact on cultural
heritage significance.
It should never be assumed that works or activities are ‘minor’ or do not require a permit.
Where any doubt exists, contact Heritage Victoria prior to undertaking works.
There are large penalties – including up to 5 years imprisonment – for undertaking works
without a permit.
A new permit application is required if it is proposed to alter the permitted works or do
additional works. If works other than those authorised by a permit or permit exemption are
undertaken, those works will be illegal. Applicants are responsible for the actions of any
person they engage to do works to a Heritage Place or Heritage Object and they must
ensure that works undertaken are authorised.
It is the responsibility of applicants to provide full details, current documentation and
the appropriate fee in support of an application. INCOMPLETE APPLICATIONS WILL
NOT BE PROCESSED AND WILL BE RETURNED TO THE APPLICANT. Applicants are
advised that, once submitted, a Permit Application is a public document.
The following instructions outline what information is required to complete each part of the
application form. An ‘Application Checklist’ is also included and should be read carefully by
applicants prior to lodging the application form.
If you require further information please contact Heritage Victoria on (03) 9208 3733 or email
heritage.permits@dpcd.vic.gov.au.
Completing the Application Form
1.
APPLICANT DETAILS
Fill all fields denoted by “*” and all other relevant fields. Applications made on behalf of a
business, company, unincorporated association, local government, government department
or Committee of Management, must also include an individual applicant’s name (e.g. Mr
John Smith, Capital Enterprises Pty Ltd). One phone number and one alternative phone
number is to be provided for the applicant.
2.
CONTACT PERSON DETAILS
Tick “same as above” box or fill all fields denoted by “*” and all other relevant fields. At least
one phone number is to be provided for the contact person.
The contact person will be Heritage Victoria’s key contact during the assessment of the
permit application and during any works authorised by a subsequent permit. The contact
person may be a heritage consultant, heritage architect or an appropriately qualified builder.
A person or company nominated in this section will also be considered to be the
agent of the applicant.
Any works undertaken or overseen by contact person will be viewed as works undertaken by
the applicant. It is the applicant’s responsibility to ensure that all works are undertaken with a
permit. Any person who does works not in accordance with a permit faces prosecution.
3.
OWNER DETAILS
Fill all fields denoted by “*” and all other relevant fields.
Anyone can apply for a permit but if the applicant is not the owner, the Owner Declaration
part of the form must be completed.
Applications that do not include the owner’s consent will not be accepted. The owner who
signs the Owner Declaration should be the person/s shown on the current Certificate of Title.
Where a company owns the Heritage Place or Heritage Object, it is a legal requirement that
a director of the company provides the owner consent. These details may be verified
through the Australian Securities & Investments Commission (ASIC).
Where the Heritage Place or Heritage Object is owned by Government, only a person with a
delegation to sign on behalf of the relevant local government or government department is
legally able to provide the owner consent. Alternatively a Committee of Management may
have delegated responsibility for the management of a place or object. In this case a
member of the Committee of Management may provide the owner consent. These details
may be verified by Heritage Victoria via a request for a copy of the relevant delegation.
4.
HERITAGE PLACE OR HERITAGE OBJECT DETAILS
Each place and object in the Victorian Heritage Register has a name that identifies the place
or object and a unique register number. The name and number can be found by searching
the Victorian Heritage Database (accessible through the Heritage Victoria website at
www.dpcd.vic.gov.au/heritage) or by contacting Heritage Victoria. The Victorian Heritage
Register number begins with ‘H’ and is followed by 4 numbers.
Full address or location details are required.
An electronic copy of the current Certificate of Title for a Heritage Place must be provided.
TO BE CONSIDERED ‘CURRENT’ THE CERTIFICATE OF TITLE SUPPLIED MUST BE
DATED WITHIN 30 DAYS OF THE DATE THAT THE APPLICATION IS LODGED. Current
Certificates of Titles can be obtained from the Land Information Centre located at 570 Bourke
Street, Melbourne. Office hours are 8:30am to 4:00pm. Phone (03) 8636 2010. Alternatively
visit: www.land.vic.gov.au.
Heritage places on Crown Land are exempt from this
requirement.
The applicant must disclose whether a Cultural Heritage Management Plan (CHMP) under
the Aboriginal Heritage Act 2006 is required. If a CHMP is required, Heritage Victoria must
not grant a permit until a CHMP has been approved (see section 52(1) of the Aboriginal
Heritage Act). Under section 52(4) of the Aboriginal Heritage Act, the time required for
Heritage Victoria to make a permit decision is deemed not to have commenced until a copy
of an approved CHMP is provided.
Applicants can use the Aboriginal Heritage Planning tool to determine whether a CHMP is
required: www.aav.nrms.net.au/aavQuestion1.aspx. For further information on Cultural
Heritage Management Plans see: www.dpcd.vic.gov.au/indigenous/aboriginal-culturalheritage/cultural-heritage-management-plans and the Department of Planning and
Community Development’s General Practice Note: ‘The Aboriginal Heritage Act 2006 and the
planning permit process’ (note: this document is aimed at local government planning
processes but applies equally to Heritage Victoria permit considerations).
5.
DESCRIPTION AND REASON FOR PROPOSED WORKS
a)
Description
A brief summary of the proposed works must be supplied. The summary is to provide a
general overview of what works are proposed. ‘See attached’ or a similar comment in lieu of
a summary is not sufficient.
b)
Works to common property
Where applications involve works to Common Property (as defined under the Subdivision Act
1988), the written consent of the Chair of the Body Corporate must accompany the
application. It is the Applicant’s responsibility to ensure that all necessary enquiries are
made and any required consent obtained.
c)
Estimated cost of works
An accurate estimate of the total cost of proposed works is required. Commercial rates
should be applied to determine the estimate and verification of the sufficiency of the estimate
may be requested by Heritage Victoria prior to the issue of any permit.
6.
SUPPORTING DOCUMENTS
In addition to the summary, applicants are required to submit full details of the proposed
works by supplying the following relevant documents, depending on the nature of the works
or activities:
Permit application for development of new buildings at a heritage place and
extensions, alterations or additions to a heritage building(s)
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Existing and proposed site plans
Existing and proposed floor plans
Existing and proposed elevations
Demolition plan
Heritage Impact Statement (refer to the ‘Guidelines for preparing a Heritage Impact
Statement’ available through Heritage Victoria’s website at:
www.dpcd.vic.gov.au/heritage).
Materials and colour schedule
All plans to be fully scaled and A3 or A4 size
Major applications should also include photo montages and a site plan overlain with the
extent of heritage registration.
Permit application for landscape works
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Existing conditions plan
Proposed landscape plan(s)
Heritage Impact Statement
Tree reports if tree removal proposed
All plans to be fully scaled and A3 or A4 size
Permit application for subdivision/consolidation
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Existing lot arrangement/site plan
Subdivision plan prepared by a licensed surveyor showing existing heritage buildings
and extent of heritage registration overlayed
Heritage Impact Statement
All plans to be fully scaled and A3 or A4 size
Permit application for painting a heritage building
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Sketch or elevation showing proposed component colours (eg roof, walls gutters,
downpipes etc)
Colour chips of proposed colours
Rationale for proposed colour scheme
Job specification setting out details of preparatory work
Permit application for re-roofing works
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Details of existing roofing materials
Schedule of proposed roofing materials
Rationale for proposed materials if different from existing
Roof plans - existing and proposed (A3 or A4 size)
Job specification setting out work methods
Permit application for signage
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Plans showing any existing signage
Plans showing proposed signage including existing signage to be retained
Specifications of signs including form, dimensions, materials and whether illuminated
Details of how signs will be affixed to a heritage building or structure
All plans to be fully scaled and A3 or A4 size
IT IS DESIRABLE FOR ALL SUPPORTING DOCUMENTS TO BE SUPPLIED IN WORD
OR PDF ELECTRONIC FORMAT.
It is the applicant’s responsibility to ensure that sufficient information is supplied so
that the Executive Director and other parties are provided with a clear understanding
of what works are proposed and their scope. Where insufficient detail is provided, further
information will be requested from the applicant and the “clock will be stopped” until this
information is provided.
Further information regarding supporting documentation
Photographs which show the current condition of the place or object and show the location of
proposed works are always useful. The photographs should clearly show parts of the place
or object that will be altered as a result of the proposed work.
Where structural changes are proposed, drawings and or plans (shown to scale, preferably
1:100) which show the existing condition of the place or object must be provided and
contrasted against plans detailing the proposed works. Any plans submitted should, as
relevant, clearly show existing external and interior features such as fireplaces, panelling,
staircases, decorative ironwork etc.
Where it is proposed to alter the existing condition of the place or object, such as repainting
or replastering, full details of any proposed materials and finishes must be provided and
contrasted against the existing conditions.
For proposed works to gardens and landscapes, an existing scaled plan of the garden and
landscape is to be provided and contrasted against a plan detailing all proposed changes.
Full details of any proposed landscaping, including type and location of plants and the type of
ground surface treatment, is to be provided.
A Heritage Impact Statement details the impact the proposed works will have on the cultural
heritage significance of the place or object, describes any conservation works proposed, and
provides an assessment of the impact of the works on neighbouring properties or features
(where relevant). ‘Guidelines for preparing a Heritage Impact Statement’ are available
through Heritage Victoria’s website at: www.dpcd.vic.gov.au/heritage).
If relevant, a detailed report should be provided demonstrating the extent to which the permit
application, if refused, would affect the reasonable or economic use of the place or cause
undue financial hardship to the owner of the place (refer to the Heritage Victoria and Heritage
Council of Victoria Policy Guideline “Matters to be considered in determining a permit
application under section73(1)(b) of the Heritage Act 1995” – available through Heritage
Victoria’s website at: www.dpcd.vic.gov.au/heritage).
Applicants should provide time lines for the project and anticipated completion dates. This
information will ensure that, should a permit be granted, the permit can be tailored to operate
within reasonable timeframes.
If applicants require assistance in preparing supporting documentation, an appropriate
professional may be found through Heritage Victoria’s “Consultants and Contractors
Directory available through Heritage Victoria’s website.
7.
PERMIT FEE
The Heritage (General) Regulations 1996 set out the permit application fees payable. The
estimated cost of works will inform the permit fee payable. A fee, or part thereof, may be
waived in certain circumstances. Please refer to the “Permit Application Fees for Works and
Activities to Registered Places or Objects” brochure which is available through Heritage
Victoria’s website.
Payment can be made by cheque or Electronic Funds Transfer (EFT).
Cheques should be made out to HERITAGE COUNCIL VICTORIA.
For EFT payments, use the following details:
Department of Planning and Community Development
Westpac Bank, 360 Collins Street Melbourne
BSB – 033 222
Account - 130354
Use the relevant Victorian Heritage Register number as the reference.
8.
DECLARATIONS
Please ensure all relevant declarations are made. The Owner Declaration should be
completed where the applicant is not the owner. The owner details should accord with the
details on the current Certificate of Title.
9.
LODGEMENT
Please email your completed application to heritage.permits@dpcd.vic.gov.au or post your
application to:
Heritage Permit Co-ordinator
Heritage Victoria
PO Box 2392
MELBOURNE VIC 3001
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