Amendment C174: Heritage Gap Study implementation

Approval of Amendment C174 Part 1

Amendment C174 Part 1 was approved by the Minister for Planning on 13 September 2020 and came into operation on 1 October 2020, when the notice of approval was published in the Victorian Government Gazette. Download a copy of the notice of approval.

About Amendment C174

Heritage places enrich our communities by providing a connection to our past. Merri-bek has a rich cultural heritage consisting of buildings, archaeological sites, monuments, trees, landscapes and other elements.

Council has a responsibility to identify and protect these heritage places for the benefit of current and future generations by including them in the Merri-bek Planning Scheme within a Heritage Overlay.

Amendment C174 applies the Heritage Overlay to a number of properties across the municipality in response to recommendations made within the Moreland Heritage Gap Study 2019 (PDF 3Mb). 

The Amendment also introduces an Incorporated Plan (PDF 37Mb) into the Moreland Planning Scheme that makes it easier for owners of heritage places to make minor changes to their property without needing planning permission. These minor changes are listed as exempt or not exempt in different circumstances. Works listed include:

• • Demolition of fences, garage doors, outbuildings and verandahs
  • Construction or extension of a garage, garage doors, carport, outbuilding, verandah, pergola, deck or fence
  • Construction or extension of a pool, spa and associated equipment
  • Installation of domestic services including air conditioners, cooling or heating systems, access ladders, hot water services and barbecues, downpipes, flues and water meters
  • Installation of rainwater tanks
  • Some repairs that change the appearance of the building
  • Painting unpainted surfaces and where external paint controls apply
  • Display of signage.

Council Consideration of Panel Report and Adoption

On 11 September 2019 Council considered the recommendations of the Panel and resolved to:

1. Notes the findings and recommendations of the C174 Panel included at Attachment 1 to this report.
2. Splits Amendment C174 to the Merri-bek Planning Scheme into two parts as follows:
3. Amendment C174 Part 1 (as described in Attachment 2 to this report).
4. Amendment C174 Part 2 (151A Lygon Street, Brunswick East).
5. Adopts Amendment C174 Part 1 to the Merri-bek Planning Scheme with the changes shown at Attachment 2, pursuant to section 29(1) of the Planning and Environment Act 1987.
6. Adopts the final Moreland Heritage Gap Study 2019 reference document as shown at Attachments 3, 4, 5 and 6 to this report.
7. Adopts the proposed changes to the Moreland Heritage Exemptions Incorporated Plan 2019, shown at Attachment 7 to this report.
8. Adopts the proposed changes to Amendment documentation and Design and Development Overlay – Schedule 18 discussed at section 3 of this report as shown at Attachment 8.
9. Submits Amendment C174 Part 1 to the Merri-bek Planning Scheme to the Minister for Planning for approval, pursuant to section 31 of the Planning and Environment Act 1987.
10. Defers adoption of Amendment C174 Part 2 until after a decision is received in relation to the VCAT hearing for 151A Lygon Street, Brunswick East.
11. Requests that the Minister for Planning prepare, adopt and approve a prescribed amendment pursuant to section 20A of the Planning and Environment Act 1987 as shown at Attachment 9 to extend the interim heritage controls for 151A Lygon Street, Brunswick East for a period of 12 months while the VCAT process for the site is undertaken and to enable a decision to be made on Amendment C174 Part 2.
12. Notifies all submitters of Council’s decision in relation to Amendment C174.

The Council Report and associated attachments can be found on the Council meetings and past agendas page.

Amendment C174 Part 1 was submitted to the Minister for Planning for approval on 16 September 2019.

Amendment C174 Part 2 was abandoned by Council on 12 August 2020. Permanent heritage controls for 151A Lygon Street, Brunswick East will now be applied through Amendment C208 to the Merri-bek Planning Scheme.

Key documents forwarded to the Minister for Planning for approval can be accessed under the 'Key Documents' section of this web page.

Panel Report

Council received the Panel Report on 20 June 2019.

On 8 August 2019, the Panel issued a corrected Panel Report. The corrections relate to the descriptions provided for the following heritage precincts: Coonan’s Hill, Sumner Estate, Hickford Street and Ewing Street. There have been no changes to the recommendations of the Panel.

The corrected Panel Report can be accessed here (PDF 2Mb).

Further details on the corrections made to the Panel Report can be accessed here (PDF 298Kb). 

Panel Hearing

A Panel Hearing was held at Planning Panels Victoria on Monday 6 and Tuesday 7 May 2019.

The following documents are made available as part of the panel hearing process:

Council Submissions

• Council's Part A Submission (PDF 781Kb)
• Council's Part A Submission - Appendices (ZIP 73Mb)
• Council's Part B Submission (PDF 346Kb)
• Council's Part C Right of Reply Submission (PDF 1Mb)

Expert Witness Statements

• David Helms of Context (Heritage - on behalf of Council) (PDF 1Mb)
• Bryce Raworth (Heritage - on behalf of submitter) (PDF 6Mb)

Consultation and submissions

Submissions closed on Friday 25 January 2019. Thank you to those who made a submission.Council considered a report on the Amendment at the 13 March 2019 Council meeting and resolved to seek the appointment of a panel to consider submissions to the Amendment.

Although submissions have now closed, if you did not make a submission, and would like to do so, please contact Council’s Strategic Planning Unit on 9384 9215.

View the agenda for the 13 March Council meeting which includes the report on submissions.

Copies of the submissions to the amendment received by Council can be viewed below:

•  Submissions 1 - 12 (PDF 1Mb)
•  Submissions 13 - 23 (PDF 2Mb) 
•  Submissions 24 - 34 (PDF 1Mb)
•  Submission 35 (PDF 272Kb)
•  Submission 24 - Additional Information (PDF 5Mb)

Where to inspect the amendment

All documents that support this amendment can be found electronically on the right hand side of this web page.

You may also inspect the amendment, any documents that support the amendment and the explanatory report about the amendment, free of charge, at all of Council's Customer Service Centres and Libraries.

The amendment can also be inspected on the Department of Environment, Land, Water and Planning website.

The planning authority must make a copy of every submission available at its office for any person to inspect free of charge for two months after the amendment comes into operation or lapses.

Further Information

For further information please phone Council's Strategic Planning Team on 9240 1111 or email Strategic Planning.