Heritage Overlay Advice
Freaked out by a heritage overlay on your site and worried what it might mean for your hopes of building or renovating?
We’re here to set your mind at ease. We deal with sites with heritage overlays all the time and, while it does bring some complexity and constraints to a building or renovating project, that heritage overlay of yours doesn’t need to derail your dreams!
Here we break down the most common heritage overlay questions and give you the answers you need so you can understand what to expect.
What is a heritage overlay?
A heritage overlay is a planning device used to protect the heritage value of individual buildings or whole precincts. It is one of several overlays in the Victorian Planning Provisions that can be used in planning schemes to control specific types of development in an area.
The protection provided by the overlay depends on the area and the property, but the existence of a heritage overlay on a property means that works on the building or site require a planning permit, so there is a minimum level of scrutiny afforded to properties covered by a heritage overlay.
Each local government’s planning scheme will have a set of maps that indicate the location of overlay controls including heritage overlays. Along with the maps, the local government may also provide schedules that outline the specific controls in place for that overlay.
Do you have a heritage overlay on your property?
If you’ve stumbled across this page on the interwebs, chances are high you already know you have a heritage overlay on your property and you want to know what to do about it. If that’s the case, feel free to skip to ‘What to do if you have a heritage overlay?’
However, if you’re not sure, here’s how to find out:
How to find out if you have a heritage overlay?
If you live in Victoria, visit https://www.planning.vic.gov.au/ and search for your planning report. All you have to do is enter your address in the field that says ‘Enter an address or parcel to get started’.
Let the website do its magic; it will look up the planning information for your property. Once the planning report has been generated, look under the ‘Zones and Overlays’ section and next to the title ‘Overlays’, it will tell you which planning overlays apply to your property.
If you see ‘Heritage Overlay’, guess what?
You’ve got a heritage overlay on your property!
The second listing with HO then a number is the Heritage Overlay schedule that applies to your property. You can look at this document and discern more information about the heritage value of your area, any specific rules or guidelines, and the desired outcomes of the Heritage Overlay.
So… what now?
What to do if you have a heritage overlay?
Firstly, don’t panic!
Heritage Overlays are very common, particularly in the popular inner suburbs and regional towns with the older-style homes so many of us love. And they’re designed to retain the qualities and unique charm of those areas while still allowing owners to modify and update their homes to suit a modern lifestyle.
In most areas, heritage overlays only limit the changes you can make externally to the original part of your home. It’s also possible that your home doesn’t have any heritage value of its own, so you might be baffled as to why it’s got a heritage overlay! In this case, your home is located near other homes that have heritage value, and the whole area is covered by a heritage overlay to preserve the qualities of the area.
So, if you have a heritage overlay and you want to renovate, what can you do?
Is it possible to extend with a heritage overlay?
Yes, of course!
Renovating or extending with a heritage overlay is certainly possible. While it does add an extra layer of complexity and bureaucracy and a few additional rules you’ll need to follow, there’s no reason you can’t create a beautiful new home while meeting the requirements of your heritage overlay. An architect with experience dealing with heritage overlays should be your first port-of-call, because they will be able to help you create a design that meets (and exceeds) your needs and also prepare all the documents the council will require to approve your renovation or extension.
What are the heritage overlay guidelines?
The guidelines or regulations for a heritage overlay vary depending on the overlay that applies to your property. Once you’ve found there is a heritage overlay on your property, the next step is to identify the Planning Scheme map reference (HO+number). With this information you can look at the specific controls applied to your property. These controls can include:
External paint controls
Internal alteration controls
Tree controls
Exemptions for certain outbuildings or fencing
Victorian Heritage Register listing
Prohibitions on uses
Reference to other parts of the Planning Scheme
Aboriginal heritage
Is a heritage overlay the same as heritage listed?
Short answer, no.
A heritage overlay applies to a property or area with local and state significance as part of the Victorian Heritage Register, while a heritage listing refers to sites and buildings on the National Heritage List. This means the site or property has outstanding heritage significance and is protected by the provisions of the Environment Protection and Biodiversity Conservation Act 1999. Additional rules and guidelines apply to any changes to a property that is heritage listed, but these are buildings you’d be aware of, like Rippon Lea House and Gardens and the Royal Exhibition Buildings, not your average Victorian Terrace. Generally speaking, a heritage overlay simply means you need to go through the planning process and you may be limited in the changes you can make to the existing building and, in particular, the exterior.
Can you remove a heritage overlay?
Wishful thinking, we’re afraid! It’s very unlikely you would be able to remove a heritage overlay from your property. Local councils go to a lot of effort to research the history of an area and determine the areas of heritage value to protect and, once they’ve agreed to create an overlay, it’s not going anywhere easily. But, having said that, it probably won’t have that much of an impact on your renovation plans.
Why a heritage overlay could be a benefit?
Let’s think positively here… while you might be annoyed or concerned about the heritage overlay on your property, it can actually be an asset. What it means is that your neighbourhood is protected. It will always retain the look and feel it has now, the look and feel you were probably drawn to in the first place! The other benefit of having a heritage overlay on your property is your neighbours will be restricted to the same rules you are, so they can’t knock down their house and put up a huge block of apartments overlooking your backyard! So, actually, a heritage overlay is a great layer of security and protection knowing that your neighbourhood will retain its unique character for a long time to come.