Amendment C205 Implementation of the Draft Greater Shepparton Heritage Study Stage II 2019

The Draft Greater Shepparton Heritage Study Stage II 2019 (the Draft Study) is an amalgam of previous heritage studies that identified and investigated places of heritage significance across Greater Shepparton.

These draft heritage studies include: the Greater Shepparton Heritage Study Stage II 2007, the Greater Shepparton Heritage Study Stage IIB 2013 and the Greater Shepparton Heritage Study Stage IIC 2017.

Read more information about these heritage studies.

Amendments C50 and C110 implemented the Greater Shepparton Heritage Study Stage II and the Greater Shepparton Heritage Study Stage IIB in the Greater Shepparton Planning Scheme (Planning Scheme) in 2007 and 2013.

Amendments C204 and C216 (interim heritage controls) sought to implement the recommendations of the Greater Shepparton Heritage Study Stage IIC on an interim basis while permanent controls were prepared through Amendment C205 (permanent heritage controls).

Further information on Amendments C204 and C216.

Amendment C205 seeks to give effect to the findings and recommendations of the amalgamated Draft Study in the Planning Scheme.

Community Engagement

The exhibition period commenced on Thursday, 13 June 2019 and concluded on Monday, 26 August 2019. All land owners and occupiers of land were notified about the Amendment process and how they can make a submission to Amendment C205.

You may inspect the Amendment, any documents that support the Amendment and the Explanatory Report about the Amendment, free of charge, at the following locations:

Next steps

A Directions Hearing is set to be undertaken on Friday, 18 October 2019 at Council offices at 90 Welsford Street,

An Independent Planning Panel Hearing is set to be undertaken in the week commencing Monday 2, 3 4 and 9 December. All submitters will be notified once a location for the Independent Planning Panel Hearing is determined.

Download the Study

If you have any queries, please call the Building and Planning Department on (03) 5832 9730.

Frequently Asked Questions

What is the Heritage Overlay?

The Heritage Overlay is a statutory planning tool that identifies places of local cultural heritage significance. The specific planning controls that apply to each place listed within the Heritage Overlay are set-out in Clause 43.01 of the Greater Shepparton Planning Scheme. The Heritage Overlay seeks to protect and conserve all places of local cultural heritage significance, and ensures that any proposed development does not adversely affect the significance of the place.

What if I wish to undertake works on my property?

Broadly speaking, places within the Heritage Overlay will not require a planning permit to undertake routine maintenance to the property and repairs that do not alter the appearance of the place. Additionally, a permit will not be required for the installation of domestic services to a dwelling (such as solar panels, water tanks, air conditioning units, etc.) that are not visible from the street or internal alterations of buildings (assuming that internal alteration controls do not apply).

For example, replacing existing timber weatherboards with weatherboards of the same profile, size, etc. would not trigger a planning permit.

Land owners within the Heritage Overlay are encouraged to contact Council’s Building and Planning Department if they are unsure whether any proposed works they wish to undertake to their property require a building or planning permit.

How do I obtain a planning permit?

Land owners of places within the Heritage Overlay must obtain a planning permit for changes that would alter the appearance of places. External changes, including the construction of a garages, car ports or front fences, for example, will require a planning permit. Additionally, a planning permit may sometimes be required for repainting, internal alterations and removing or pruning trees if additional heritage controls apply to the place.

The planning permit process allows Council’s Statutory Planning Team and Heritage Advisor to assess whether the proposed works would have a negative impact on the significance of these places.

Planning permit fees may be waived if both the following circumstances are met:

  • Interim heritage controls currently apply to the property; and
  • The Heritage Overlay is the only planning permit trigger for the proposed works.

Places previously included in the Heritage Overlay are not eligible to have planning permit fees waived. Fees cannot be waived for building permits.

Further information on how to lodge a planning permit can be found here.

Will the Heritage Overlay affect the value of my property?

The Heritage Overlay seeks to protect the significance of a heritage precinct, building, park, etc. Heritage buildings and precincts often become sought after locations by people who value the character of the area. There is no evidence to suggest that the application of a Heritage Overlay has a negative impact on property valuation.

Will the Heritage Overlay affect my insurance premiums or my Council Rates?

The application of the Heritage Overlay has no impact on Council rates.

Council is not aware of any evidence to suggest the application of the Heritage Overlay would have any impact on insurance premiums. Premiums should not be higher for a property in the Heritage Overlay than one that is not included within it. It is recommended that land owners confirm this with their individual insurer.

Do I have to restore my place to its original appearance?

No.

The  Heritage Overlay does not require land owners to return the property to any previous appearance that the building had in the past. However, if a land owner seeks to restore a place, they are encouraged to contact Council’s Building and Planning Department. Council facilitates a free heritage advisory service where this information can be given to land owners.

All properties included in the Heritage Overlay will be eligible to apply for a grant under Council’s annual Heritage Grants Program, which is the only heritage grant program operated independently by a local council in Victoria.

Can I demolish my building within the Heritage Overlay?

Demolition of significant places included within the Heritage Overlay is discouraged. If demolition is permitted, a redevelopment proposal must be submitted with the planning permit.

If the heritage place is ‘individually significant’ or of ‘contributory’ significance within a heritage precinct, a permit for demolition may be refused if the redevelopment proposal would adversely affected the significance of the precinct. If Council issues a Notice of Refusal to grant a permit, you can have the decision reviewed by the Victorian Civil and Administrative Tribunal (VCAT).

Land owners of ‘non-contributory’ places within heritage precincts will be permitted to demolish their properties (subject to a building permit) but the Heritage Overlay will then guide redevelopment proposals on the land to ensure it will not have an impact on the significance of the precinct.

Land owners are advised to contact Council’s Building and Planning Department on (03) 5832 9730 prior to the commencement of any works.

How are places of local cultural heritage significance assessed?

Assessment of a heritage place is undertaken by a qualified Heritage Advisor. Relevant information such as the a history and description of the place is included as well as a Statement of Significance (a Statement of Significance gives information on what is significant, how it is significant and why a place is significant) will be included in a Place Citation Report, which is prepared for every place in the Heritage Overlay.

What if I am located within a Heritage Precinct?

A Heritage Precinct is a continuous area which contains several buildings that derive considerable cultural significance from their context and have a visually cohesive streetscape creating a precinct of significance.  

There are 12 precincts identified in the Greater Shepparton Planning Scheme. A precinct map of each of these places can be found below.

What if my place is of ‘Non-Contributory’ significance within a Heritage Precinct?

Not all buildings and landscape elements within a heritage precinct actively contribute to the significance of the precinct. Places within a precinct that do not contribute to the significance of the precinct are referred to as ‘Non-Contributory’ places.

Removing or altering non-contributory elements within a precinct is not of major concern. However, any redevelopment of land is and it must respond in a manner appropriate to the significance of the precinct including its character and appearance.

What if paint controls apply to my property?

The Schedule to Clause 43.01 in the Greater Shepparton Planning Scheme will outline whether paint controls apply to a property.

In the Heritage Overlay, a planning permit is required to paint an unpainted surface.

Paint controls can be applied to places within the Heritage Overlay to guide the choice of future colours schemes for buildings of significance. Colour can play an important role for places of architectural significance in particular – inappropriate colour schemes can have a detrimental impact upon the significance of a place. . The painting of already unpainted masonry surfaces, sandblasting of surfaces or the painting of colours that were not traditionally used for a building of the era are unlikely to be supported.

If a land owner wishes to repaint an already painted surface with the same colour, a planning permit will not be required. Land owners wishing to repaint a building (or part of it) in a different colour than the existing colour are encouraged to seek advice from the Building and Planning Department.

What if internal alteration controls apply to my property?

The Schedule to Clause 43.01 in the Greater Shepparton Planning Scheme will outline whether internal alteration controls apply to a property.

Internal alteration controls apply to interiors of particular note and significance. The Statement of Significance for the place establishes which of the internal elements contribute to the significance of the place. A planning permit would be triggered if land owners seek to undertake works that would alter the internal appearance of a heritage building. Land owners wishing to undertake internal works to a place of significance are encouraged to seek advice from the Building and Planning Department.

What if tree controls apply to my property?

The Schedule to Clause 43.01 in the Greater Shepparton Planning Scheme will denote if tree controls apply to a property.

Tree controls apply to places where trees actively contribute to the significance of a place.

Often the Schedule will denote that ‘all mature trees’ contribute to the significance of the heritage place. A ‘mature tree’ is a tree greater than 5 metres in height; or greater than 2 metres in circumference measured at 1.4 metres above ground level. Works that propose to remove, destroy, or lop a ‘mature tree’ will trigger a planning permit.

A planning permit would not be required for routine works and gardening.  A planning permit would also not be required:

  • To any action which is necessary to keep the whole or any part of a tree clear of an electric line provided the action is carried out in accordance with a code of practice prepared under Section 86 of the Electricity Safety Act 1998.
  • If the tree presents an immediate risk of personal injury or damage to property.

What if outbuilding and fence controls apply to my property?

On outbuilding refers to a structure which is detached from the main heritage place that contributes to the significance of the place. The specific outbuilding of significance would be specified in the Schedule to Clause 43.01. Any building works that seek to change the appearance of the outbuilding or fence that is listed as being of significance would trigger the need for a planning permit.

What does ‘Prohibited uses may be permitted’ mean?

The majority of land within the City of Greater Shepparton is located within a zone. The zone determines what uses can be undertaken on the land. The types of uses are listed in the Greater Shepparton Planning Scheme within the zone provisions as either a section 1 use (no planning permit required), section 2 use (planning permit required) or a section 3 use (prohibited).

If ‘prohibited uses may be permitted’ is displayed in the Schedule to Clause 43.01, uses that are prohibited in the zone may be considered. Council may consider granting a planning permit  for a prohibited use if it allows for the adaptive re-use of the place.

Any land owners seeking to undertake works that potentially allow for the adaptive re-use of a building within the Heritage Overlay are encouraged to contact Council’s Building and Planning Department on (03) 5832 9730 to obtain further information.

What is the Greater Shepparton Heritage Incorporated Plan (GSHIP)?

The GSHIP is an incorporated document in the Greater Shepparton Planning Scheme that provides some exemptions from the need to obtain a planning permit for buildings and works within the Heritage Overlay. These works have been determined not to have an adverse impact on the significance of the place. GSHIP also contains a number of exemptions for ‘non-contributory’ places within heritage precincts, ‘contributory’ places in heritage precincts and ‘individually significant’ places.

 

 

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