INFORMATION SHEET – AMENDMENT C149 Additions to the Heritage Overlay WHY IS HERITAGE IMPORTANT IN OUR CITIES? 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. Moreland City 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. AMENDMENT C149 Amendment C149 proposes to change the Moreland Planning Scheme by adding 3 individual heritage places, 5 heritage precincts and two serial listings to the Heritage Overlay. These places are located on Lygon Street in Moreland. Subdivide 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; Externally paint a building if the painting constitutes an advertisement; and Repair and undertake routine maintenance which change the appearance of a heritage place. Repairs or routine maintenance that do not change the external appearance of a heritage place and that use the same materials, details and specifications as the existing structure, generally do not require a planning permit. Changes to the interior of residential properties do not require a permit. All places were identified as having heritage significance in the Lygon Street Heritage Study 2012, or Brunswick Major Activity Centre: Lygon Street Heritage Assessment - Stage 1, 2008. These studies were undertaken by experienced heritage consultant Context Pty Ltd. Property owners and developers are strongly encouraged to arrange a pre-application meeting with an Urban Planner and Heritage Advisor from Council prior to committing to a project in the Heritage Overlay. The amendment process is a formal, legislated process governed by the Planning & Environment Act 1987. Council is responsible for managing the process and consulting with the community. The Department of Planning and Community Development oversees the process and the Minister for Planning makes the final decision on the amendment. DOES THE HERITAGE OVERLAY PROHIBIT CHANGES TO THE PROPERTY? THE HERITAGE OVERLAY AND ITS IMPLICATIONS The Heritage Overlay does not prohibit development, alterations or demolition. Rather, it makes sure that any new works conserve and enhance heritage places and do not adversely affect the heritage significance of the place. This may include the impact of new development on a precinct rather than the specific site where development is proposed. The Moreland Planning Scheme is a legal document that regulates the use and development of land. The Heritage Overlay forms part of the planning scheme and applies to both the heritage item, e.g. a particular building, and its associated land. However, the Heritage Overlay does not always apply to the whole of the land, so it is important to check the Heritage Overlay maps for the extent of coverage. WILL OWNERS BE REQUIRED TO RESTORE THEIR PROPERTY? Once a place is included in the Heritage Overlay, many types of proposed changes require a planning permit from Council to ensure that the heritage significance is not affected. A planning permit is required to (in summary): IMPORTANT HERITAGE DEFINITIONS Individually significant places: An individually No. The Heritage Overlay does not require landowners to return their property to its original appearance, nor does it affect the day-to-day upkeep of a property. It only comes into effect if you intend to develop or alter your property. significant place is a single heritage place or small group of places that have heritage significance independent of its context. An individually significant place is generally a well-preserved, stand out example of its type which may have social value or association with historic individuals or events. Heritage precinct: A heritage precinct is 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. Serial Listing: a serial listing is made up of places that share a common history and/or significance but which do not adjoin each other which may be considered for treatment as a single heritage place. Contributory and properties: Within each non-contributory heritage precinct, individual properties are nominated as either ‘contributory’ or ‘non-contributory’. A ‘contributory’ property is one that contributes to the heritage significance of a precinct. ‘Non-contributory’ properties are those considered not to contribute to the heritage significance of a heritage precinct. ‘Non-contributory’ properties are included in the Heritage Overlay because any new development may impact on the heritage significance of the precinct as a whole and adjacent ‘contributory’ places. Heritage citation: A heritage citation/report has been developed for each individually significant place, precinct and serial listing. It outlines the history, description, condition and integrity of the place as well as a Statement of Significance. The citation is used by Council when assessing a change to a heritage place, and should be used by a landowner when considering works. Citations can be obtained from Council’s Strategic Planning Unit or online through the Victorian Heritage Database at www.heritage.vic.gov.au INTERIM HERITAGE OVERLAY (C145) Council has lodged a request with the Minister for Planning to include 260 and 299 -299A Lygon Street, Brunswick East in the heritage overlay on an interim basis. The Minister has approved 260 Lygon Street, Brunswick East for interim heritage controls which will remain in place until the final decision is made on the introduction of permanent heritage controls through Amendment C149. The use of interim controls is standard practice to ensure the protection of heritage places whilst community consultation occurs for permanent controls. HOW CAN THE COMMUNITY HAVE THEIR SAY? Amendment C149 is on public exhibition for a period of six weeks from 15 August 2013 until 27 September 2013. Submissions of support or objection to the amendment are welcome during the exhibition period. Submissions must be made in writing and include the submitter’s name, contact details, the affected property and the reason for the submission. Submissions should be sent to: Moreland City Council, Amendments Unit, Submission to Amendment C149, Locked Bag 10, MORELAND VIC 3058. Submissions form part of the formal amendment process and will be made public. Submissions objecting to or requesting changes to the amendment will be considered at a Council meeting and then referred to an independent planning Panel appointed by the Minister for Planning. Submitters will be invited to appear at the Panel Hearing in support of their submission. For information regarding the amendment process, visit the Department of Planning and Community Development website: www.dpcd.vic.gov.au/planning THE AMENDMENT HAPPENS NEXT? PROCESS - WHAT Amendment C149 will follow the formal amendment process, which involves: Exhibition (this stage) – Owners and occupiers of affected and adjoining properties are notified by mail and general notices are placed in local papers on 12 August 2013. Submissions and meetings – Council officers review written submissions with potential for meetings with submitters to discuss any issues. Responses to submissions are considered at a formal Council meeting, anticipated November 2013. Panel Hearing – Submissions objecting to or requesting changes to the amendment are referred to an independent planning Panel appointed by the Minister for Planning. Submitters will be invited to appear at the Panel Hearing in support of their submission. Details of the hearing will be made available at a later date. The Panel makes recommendations for Council’s consideration in early 2014. Council decision – Council considers the Panel’s recommendations and decides whether to adopt the amendment and submit it to the Minister for Planning for approval anticipated mid 2014. Minister’s decision – the Minister for Planning decides whether to approve the amendment. FURTHER INFORMATION To better understand the implications of the proposed heritage controls, it is recommended that you also read the following amendment information: properties are of heritage significance. Information sessions are being held by appointment only to ensure appropriate staff is available. Notice of the Preparation of an Amendment All amendment information can be viewed at a number of locations, including: Explanatory Report Amendment maps showing affected properties Heritage citations The Lygon Street Heritage Study 2012 is also available for viewing. One-on-one consultations sessions are being offered with Council officers and Council’s Heritage advisor to discuss the amendment process and why Moreland City Council www.moreland.vic.gov.au At Moreland Brunswick website: Citizen Service Centres and Citizens Service Centre. For further information relating to Amendment C149, please contact Council’s Strategic Planning Unit on 9240 2422. Disclaimer: This publication is produced by Moreland City Council and is intended for information and communication purposes only. Although the publication may be of assistance to you Moreland City Council does not guarantee that it is without flaw or is wholly appropriate for your particular purposes. It and its employees do not accept any responsibility, and indeed expressly disclaim any liability, for any loss or damage, whether direct or inconsequential, suffered by any person as the result of or arising from reliance on any information contained in the publication. © All applicable copyrights reserved for Moreland City Council. Except for any uses permitted under the Copyright Act 1968 (Cth), no part of this publication may be reproduced in any manner or in any medium (whether electronic or otherwise) without the express permission of Moreland City Council.