Shown on the planning scheme map as HO with a number (if shown).
To implement the Municipal Planning Strategy and the Planning Policy Framework.
To conserve and enhance heritage places of natural or cultural significance.
To conserve and enhance those elements which contribute to the significance of heritage places.
To ensure that development does not adversely affect the significance of heritage places.
To conserve specified heritage places by allowing a use that would otherwise be prohibited if this will demonstrably assist with the conservation of the significance of the heritage place.
The requirements of this overlay apply to heritage places specified in the schedule to this overlay. A heritage place includes both the listed heritage item and its associated land. Heritage places may also be shown on the planning scheme map.
","sections":[{"id":"21980612","number":"43.01-1","gazettalDate":"2025-10-15T13:00:00Z","amendmentNumber":"VC288","semanticNumber":"43.01-1","title":"Permit requirement","content":"A permit is required to:
Subdivide land.
Demolish or remove a building.
Construct a building or construct or carry out works, including:
Domestic services normal to a dwelling if the services are visible from a street (other than a lane) or public park.
A solar energy system attached to a building that primarily services the land on which it is situated if the system is visible from a street (other than a lane) or public park and if the schedule to this overlay specifies the heritage place as one where solar energy system controls apply.
A rainwater tank if the rainwater tank is visible from a street (other than a lane) or public park.
A fence, if the fence is visible from a street (other than a lane) or public park.
Roadworks which change the appearance of a heritage place or which are not generally undertaken to the same details, specifications and materials.
Buildings or works associated with a railway, railway station or tramway constructed or carried out by or on behalf of the Head, Transport for Victoria.
Street furniture other than:
Traffic signals, traffic signs, bus shelters, fire hydrants, parking meters, post boxes and seating.
Speed humps, pedestrian refuges and splitter islands.
A domestic swimming pool or spa and associated mechanical and safety equipment, if the swimming pool or spa and associated equipment are visible from a street (other than a lane) or public park.
A pergola or verandah, including an open-sided pergola or verandah to a dwelling with a finished floor level not more than 800mm above ground level and a maximum building height of 3 metres above ground level.
A deck, including a deck to a dwelling with a finished floor level not more than 800mm above ground level, if the deck is visible from a street (other than a lane) or public park
Non-domestic disabled access, excluding a non-domestic disabled access ramp if the ramp is not visible from a street (other than a lane) or public park.
An electric vehicle charging station if the charging station is visible from a street (other than a lane) or public park.
Services normal to a building other than a dwelling or small second dwelling, including chimneys, flues, skylights, heating and cooling systems, hot water systems, security systems and cameras, downpipes, window shading devices, or similar, if the works are visible from a street (other than a lane) or public park.
Externally alter a building by structural work, rendering, sandblasting or in any other way.
Construct or display a sign.
Externally paint a building if the schedule to this overlay specifies the heritage place as one where external paint controls apply.
Externally paint an unpainted surface.
Externally paint a building if the painting constitutes an advertisement.
Internally alter a building if the schedule to this overlay specifies the heritage place as one where internal alteration controls apply.
Carry out works, repairs and routine maintenance which change the appearance of a heritage place or which are not undertaken to the same details, specifications and materials.
Remove, destroy or lop a tree if the schedule to this overlay specifies the heritage place as one where tree controls apply. This does not apply:
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.
Subject to Clause 71.06, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column 2.
Class of application | Provision |
|---|---|
| Clause 59.07 |
Subdivide land into two lots if:
| Clause 59.07 |
A heritage place which is included in the Victorian Heritage Register is subject to the requirements of the Heritage Act 2017.
A permit is required under this overlay to subdivide a heritage place which is included in the Victorian Heritage Register. This includes the subdivision or consolidation of land including any building or airspace.
An application to subdivide a heritage place which is included in the Victorian Heritage Register must be referred to the relevant referral authority under Section 55 of the Act in accordance with Clause 66 of this scheme.
","state":{"active":true}},{"id":"21980614","number":"43.01-3","gazettalDate":"2023-12-13T13:00:00Z","amendmentNumber":"VC253","semanticNumber":"43.01-3","title":"No permit required","content":"No permit is required under this overlay:
For anything done in accordance with an incorporated plan specified in a schedule to this overlay.
To internally alter a church for liturgical purposes if the responsible authority is satisfied that the alterations are required for liturgical purposes.
For interments, burials and erection of monuments, re-use of graves, burial of cremated remains and exhumation of remains in accordance with the Cemeteries and Crematoria Act 2003.
To develop a heritage place which is included in the Victorian Heritage Register, other than an application to subdivide a heritage place of which all or part is included in the Victorian Heritage Register.
To construct a building or construct or carry out works for a small second dwelling if all the following requirements are met:
The building height must not exceed 5 metres.
The building must be finished using muted tones and colours.
An application under this overlay for any of the following classes of development is exempt from the notice requirements of section 52(1) (a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act:
Demolition or removal of an outbuilding (including a carport, garage, pergola, verandah, deck, shed or similar structure) unless the outbuilding is specified in the schedule to this overlay.
Demolition or removal of a fence unless the fence is specified in the schedule to this overlay.
External alteration of a building.
External painting.
Construction of a fence.
Construction of a carport, garage, pergola, verandah, deck, shed or similar structure.
Domestic services normal to a dwelling.
Carry out works, repairs and routine maintenance.
Internally alter a building.
Non-domestic disabled access ramp.
Construction of a vehicle crossover.
Construction of a domestic swimming pool or spa and associated mechanical equipment and safety fencing.
Construction of a tennis court.
Construction of a rainwater tank.
Construction or display of a sign.
Lopping of a tree.
Construction of seating, picnic tables, drinking taps, barbeques, rubbish bins, security lighting, irrigation, drainage or underground infrastructure, bollards, telephone boxes.
Roadworks.
An electric vehicle charging station.
Services normal to a building other than a dwelling or a small second dwelling, including chimneys, flues, skylights, heating and cooling systems, hot water systems, security systems and cameras, downpipes, window shading devices, or similar.
The schedule to this overlay must specify a statement of significance for each heritage place included in the schedule after the commencement of Amendment VC148. This does not apply to:
The schedule to this overlay may specify heritage design guidelines for any heritage place included in the schedule. A heritage design guideline must not contain any mandatory requirements.
","state":{"active":true}},{"id":"21980618","number":"43.01-7","gazettalDate":"2018-07-30T14:00:00Z","amendmentNumber":"VC148","semanticNumber":"43.01-7","title":"Application requirements","content":"An application must be accompanied by any information specified in the schedule to this overlay.
","state":{"active":true}},{"id":"21980619","number":"43.01-8","gazettalDate":"2020-01-23T13:00:00Z","amendmentNumber":"VC160","semanticNumber":"43.01-8","title":"Decision guidelines","content":"Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
The Municipal Planning Strategy and the Planning Policy Framework.
The significance of the heritage place and whether the proposal will adversely affect the natural or cultural significance of the place.
Any applicable statement of significance (whether or not specified in the schedule to this overlay), heritage study and any applicable conservation policy.
Any applicable heritage design guideline specified in the schedule to this overlay.
Whether the location, bulk, form or appearance of the proposed building will adversely affect the significance of the heritage place.
Whether the location, bulk, form and appearance of the proposed building is in keeping with the character and appearance of adjacent buildings and the heritage place.
Whether the demolition, removal or external alteration will adversely affect the significance of the heritage place.
Whether the proposed works will adversely affect the significance, character or appearance of the heritage place.
Whether the proposed subdivision will adversely affect the significance of the heritage place.
Whether the proposed subdivision may result in development which will adversely affect the significance, character or appearance of the heritage place.
Whether the proposed sign will adversely affect the significance, character or appearance of the heritage place.
Whether the lopping or development will adversely affect the health, appearance or significance of the tree.
Whether the location, style, size, colour and materials of the proposed solar energy system will adversely affect the significance, character or appearance of the heritage place.
A permit may be granted to use a heritage place (including a heritage place which is included in the Victorian Heritage Register) for a use which would otherwise be prohibited if all of the following apply:
The schedule to this overlay specifies the heritage place as one where prohibited uses may be permitted.
The use will not adversely affect the significance of the heritage place.
The benefits obtained from the use can be demonstrably applied towards the conservation of the heritage place.
Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider the effect of the use on the amenity of the area.
","state":{"active":true}},{"id":"21980621","number":"43.01-10","gazettalDate":"2018-07-30T14:00:00Z","amendmentNumber":"VC148","semanticNumber":"43.01-10","title":"Aboriginal heritage places","content":"A heritage place specified in the schedule to this overlay as an Aboriginal heritage place is also subject to the requirements of the Aboriginal Heritage Act 2006.
","state":{"active":true}}],"state":{"active":true}}