The Heritage Overlay is a planning control that can be applied to properties or precincts that are determined to have heritage significance.

The purpose of the Heritage Overlay is to protect places of aesthetic, social or historical importance.

The inclusion of properties in the Heritage Overlay helps to make sure that new development does not negatively impact on the heritage significance of the place or precinct.

To ensure heritage properties are protected, planning permission may be required from Council to demolish, construct, alter or extend buildings or structures in the Heritage Overlay.

Once a draft heritage study or assessment has been prepared, Council undertakes a process to introduce the Heritage Overlay to the identified properties or precincts.

During this process, we proactively engage affected and abutting property owners and occupiers, as well as identified stakeholders such as heritage organisations.

The Heritage Overlay process includes:

  • a preliminary consultation process to consider whether to adopt a heritage study and seek authorisation for an amendment, and
  • a planning scheme amendment which includes a statutory public exhibition period and independent panel process.

Heritage Overlay process steps

  Step                             Description             
1

Preparation of draft heritage study

Council engages a heritage consultant.

2

Preliminary consultation

Council provides an opportunity to submit feedback on the draft study.
3 Urban Planning Special Committee (UPSC) Meeting*

The UPSC considers the feedback and determines whether to

  • adopt the study (with or without changes) and
  • commence the formal planning scheme amendment process.
4 Authorisation granted from Minister for Planning The Minister for Planning authorises Council to prepare and exhibit an amendment to the Boroondara Planning Scheme.
5 Public exhibition Council provides the opportunity to support or object to the proposed heritage controls.
6 Urban Planning Special Committee Meeting*

The UPSC considers submissions and resolves to

  • make changes to the amendment as requested by submitters, and/or
  • refer unresolved submissions to an independent panel and/or
  • abandon part or all of the amendment.
7 Panel Hearing (if required)* An independent panel may be called upon to consider unresolved submissions.
8 Urban Planning Special Committee Meeting* The UPSC considers panel 's recommendations.
9 Council Meeting

Council considers the panel's recommendations and decides whether to

  • adopt the amendment as recommended by the panel or with additional changes or
  • abandon the amendment.
10 Submission of adopted amendment to the Minister for Planning for approval Council submits a request to the Minister for Planning to approve the amendment as adopted.
11  Minister for Planning's final decision

The Minister for Planning decides whether to approve or refuse the amendment to introduce a new Heritage Overlay to the Boroondara Planning Scheme.

If approved, the amendment takes effect when a notice of the approval is published in the Government Gazette.

*A step marked with an asterisk is an opportunity to speak to the Committee or Panel in support of your submission.

Heritage Overlays and property development

You may need a Planning Permit to demolish, construct or modify buildings and structures in a Heritage Overlay.

  • To see whether your property is in a Heritage Overlay, visit Planning Maps Online. Follow the prompts to view a report of planning controls affecting your property.
  • To help determine whether you need a Planning Permit to build a specific item in a Heritage Overlay, refer to the relevant guide.
  • To learn about heritage gradings that may affect your property, and their degrees of significance, find your heritage grading.
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