Heritage Planning

A heritage overlay is a planning control applied to areas or properties deemed to have state or local heritage significance.

It can be applied to individual places or to a defined area known as a heritage precinct. If you have a Heritage Overlay on your property you are likely to need to apply to Council for a planning permit for certain types of building and works.

Councils seek to ensure that any proposed development does not detract from the heritage significance of the property and the area around it if you are in a precinct.

Having a Heritage Overlay on your property does not mean that you cannot make any changes but you may need a planning permit for building and works. You may need a permit to:

• Subdivide land
  

• Demolish or remove a building or part of a building
  

• Construct a building or part of a building or a fence
  

• Construct or carry out works
  

• Externally alter a building
  

• Construct or display a sign
  

• Externally paint an unpainted surface (or re-paint an already painted surface a different colour)
  

• Externally paint a building if the painting constitutes an advertisement

Development that is complimentary with the existing character and appearance of designated heritage places and areas.

Council considers a range of factors including but not limited to how the proposed development impacts the heritage significance of the property, how it contributes to the character of the surrounding area or precinct and other elements such as height, setbacks, what can be seen from the street and the materials used.

New work, meaning changes or additions to a place, needs to respect heritage significance and be identifiable as something new. While some people believe that new work needs to reproduce the appearance of the existing heritage building, often Council’s heritage policies encourage high quality contextual design which avoids replicating historic forms and details.

Under the Heritage Overlay you do not need a permit for routine repairs and maintenance that replace ‘like for like’ so long as they do not change the appearance of the place or impact on its significance.

We extensive experience navigating heritage regulations. We assist with heritage permits, approvals, and negotiations with Council to ensure successful outcomes.