Nillumbik Shire Council will request the Minister for Transport and Planning appoint an independent planning panel to consider unresolved submissions to Heritage Amendment C149.
At the Council meeting on Tuesday night, Council resolved to request the panel appointment following a Planning and Consultation Committee (PCC) meeting on 12 September 2023, where 14 residents spoke to their submissions on the proposed amendment. A total of 26 submissions had been received for the proposed amendment (both objecting and supporting).
Nillumbik Mayor Ben Ramcharan said local Councils were responsible for protecting places with local heritage significance where the Planning and Environment Act 1987 obliged councils to use their planning schemes to conserve and enhance buildings, areas or other places of local heritage significance. The Heritage Overlay is the planning tool used in planning schemes to protect places of heritage significance.
"The main objective of a heritage overlay is to safeguard the important elements of a community's heritage and character from inappropriate development, alteration or demolition," Cr Ramcharan said. "A Heritage Overlay does not require an owner to restore or return a property to its original appearance, and does not necessarily mean that development including renovations or extensions are prohibited," he said.
"Where a Heritage Overlay applies, most types of proposed buildings and works will require a planning permit, to ensure that the proposed development does not detract from the heritage significance". Cr Ramcharan said before a heritage place could be included in a Heritage Overlay, it needed to be assessed by Council as locally significant.
"Council has undertaken a rigorous process in engaging qualified heritage experts to prepare heritage reviews and provide recommendations on places considered to meet the criteria for local heritage significance," he said.
"Research and recommendations from this work formed the basis to support the planning scheme amendment to apply the Heritage Overlay."
Council adopted its Heritage Reviews Stage A and B in 2021 and 2022 respectively. Following this, Council resolved at its July 2022 Council meeting to seek formal authorisation from the Minister for Planning to prepare and exhibit an amendment to apply the Heritage Overlay to all properties in Stage A and B Heritage Reviews.
The amendment was placed on public exhibition for community feedback from 22 June to 3 August. All submitters were invited to attend the 12 September PCC to speak to their submissions.
"Council is very appreciative of the time submitters took to prepare and speak to their submissions so that councillors could understand the impact a Heritage Overlay may have on their properties," Cr Ramcharan said.
"Since close of formal notification in progressing the amendment, council officers have engaged with property owners to arrange, with their consent, further site inspections by Council's heritage consultants.
"We've already been successful in making further recommendations on some submissions that have resulted in changes to heritage findings, and the removal of some places from the amendment altogether."
Cr Ramcharan said some submitters were particularly concerned that details regarding proposed zoning or overlay changes were not available on the Section 32 or 'vendor statement' issued when people seek to purchase a property.
"Those concerns are extremely valid, noting Council cannot make changes to Section 32s as they are regulated by State Government legislation," he said.
"Council can however advocate for change, and in doing so, Councillors also endorsed last night a recommendation to write to the Minister for Consumer Affairs and the Minister for Transport and Planning seeking that proposed zone/overlay changes be included on the Section 32 vendor statement as required under the Sale of Land Act 1962 (VIC)."
Cr Ramcharan said a number of submitters supported inclusion of certain places in the amendment, such as Eltham War Memorial, acknowledging their significance and understanding the importance of protecting their heritage values. He said referring Heritage Amendment C149 to an independent planning panel would provide submitters with an opportunity for review and scrutiny by an independent third party, outside of Council, with heritage expertise to consider their objections and the amendment.
"Submitters will be invited to the panel to present their views on what's proposed," he said. "Council will then be able to consider the panel's recommendations at a future meeting and can still resolve to adopt with changes or abandon prior to any request to the Minister to consider and approve the Amendment."
