Heritage Overlay Permits in St Kilda and Port Phillip

Get a free planning property report from VicPlan. It lists the zone and every overlay on the land. A Heritage Overlay shows as “HO” with a number, for example HO7.

Then check two more things. First, the schedule to Clause 43.01, which says whether extra controls apply to that place: external paint, internal alterations, tree controls or solar energy systems. Second, in Port Phillip, the City of Port Phillip Heritage Policy Map (an incorporated document listed in the schedule to Clause 72.04), which grades each building Significant, Contributory or Non-contributory. The grading drives how council applies its heritage policy.

Clause 43.01-1 lists what needs a permit in a Heritage Overlay. For a typical house, the main triggers are:

• Demolishing or removing a building.
• Constructing a building or carrying out works, which includes an extension or a new dwelling.
• Externally altering a building by structural work, rendering, sandblasting or in any other way.
• Fences, domestic services (such as air-conditioning units), rainwater tanks, decks, and a swimming pool or spa, where they are visible from a street (other than a lane) or a public park. A pergola or verandah needs a permit regardless of visibility.
• Externally painting an unpainted surface, or painting where the schedule applies external paint controls to the place.
• Internal alterations, or removing or lopping a tree, only where the schedule applies those controls to the place.
• Repairs and routine maintenance that change the appearance of the place, or are not done to the same details, specifications and materials.
• Subdividing land.

Like-for-like repairs and maintenance done to the same details, specifications and materials don’t trigger the overlay. Some minor applications in a Heritage Overlay can be assessed as VicSmart applications, such as externally altering a Non-contributory building, a fence or a carport.

Demolition

Demolition needs a planning permit in a Heritage Overlay. Port Phillip’s heritage policy (Clause 15.03-1L) puts conservation, restoration or adaptation ahead of demolition. It discourages complete demolition of a building that contributes to the heritage place unless the building is structurally unsound and the defects can’t be fixed. It also seeks to avoid demolishing a Significant or Contributory building, and to avoid keeping only a façade. Part-demolition, such as removing a later addition that detracts from the place, can be supported.

Alterations

The policy discourages altering the principal façade, roof, or any walls visible from the street (including a side street or laneway) of a Significant or Contributory building. It can support alterations that don’t harm the place’s significance where they keep an historic use going, support a new use that helps conserve the building, or improve its environmental performance.

Extensions

For houses, the policy supports additions that are substantially concealed when viewed at natural eye level from the opposite side of the street. In practice, that usually means a rear extension, with any upper level set back far enough to stay out of view. Roof decks should be hidden from the street. Services such as air-conditioning units should be kept out of view. Car access is preferred from a rear lane.

New buildings

New buildings should respect and complement Significant and Contributory buildings in form, scale, massing, siting, details and materials. The policy encourages contemporary design that responds to the heritage place, not imitation of historic detail.

Planning permit: issued by the council (the responsible authority) under the Planning and Environment Act 1987. It decides whether the proposal is acceptable under the planning scheme, including the Heritage Overlay.

Building permit: issued by a registered building surveyor, either the council’s municipal surveyor or a private surveyor you appoint, under the Building Act 1993. It deals with construction: the building regulations and the National Construction Code. A building permit can’t be issued until any required planning permit has been obtained.

Demolition also needs council’s report and consent under section 29A of the Building Act 1993 before a building permit for demolition is issued. In Port Phillip this applies to demolishing a whole building, demolition over the past three years that adds up to more than half the building, or any part of the façade visible from the street.

Clause 43.01-4 exempts some classes of heritage application from notice and third-party review, including external alterations, external painting, fences, carports and verandahs, decks, domestic services and internal alterations. Demolishing a main building and constructing a new building or extension aren’t on that list. Those applications go through the normal notice process, so neighbours may be notified and can object.

A place on the Victorian Heritage Register is controlled by the Heritage Act 2017, and works need approval from Heritage Victoria. Under Clause 43.01-3, no planning permit is needed under the Heritage Overlay to develop a Register-listed place. The exception is subdivision, which still needs a planning permit.

Council has 60 statutory days to decide a planning permit application. That clock stops while council waits for further information it has requested under section 54 of the Planning and Environment Act 1987, and applications that go on notice take longer. I don’t quote typical timeframes, because they vary with the council’s workload, the complexity of the site and whether objections are received. A complete, well-argued application is the part you control.

• Before you buy or commit: I check the zone, the overlay, the schedule and the building’s heritage grading. For a property you haven’t bought yet, that’s the Pre-Purchase Planning & Risk Report.
• Design: I develop a design that responds to the heritage policy from the start, rather than one that has to be cut back later. That means things like concealed additions, the right setbacks and appropriate materials.
• Planning permit: I prepare the drawings and the planning application, working with experienced professional consultants where the project needs them, and I respond to council’s requests for further information.
• Building permit: I prepare the construction documentation your building surveyor needs, including what’s needed for any section 29A demolition consent.
• During construction (on request): charged design intent checks confirm the build follows the approved design. They are not compliance, structural or permit inspections.

Do I need a planning permit to extend a house in a Heritage Overlay in St Kilda?

Yes. Under Clause 43.01-1 of the Port Phillip Planning Scheme, constructing a building or carrying out works in a Heritage Overlay needs a planning permit, and an extension is construction. A building permit is also needed before work starts.

Can I demolish a house in a Heritage Overlay in Port Phillip?

Demolishing or removing a building in a Heritage Overlay needs a planning permit. Port Phillip's heritage policy (Clause 15.03-1L) prioritises conservation over demolition and seeks to avoid demolishing buildings graded Significant or Contributory on the City of Port Phillip Heritage Policy Map, so check the grading before you plan around demolition.

Do I need a permit to paint my house in a Heritage Overlay?

Only in some cases. A permit is needed to paint an unpainted surface, to paint where the painting is an advertisement, or to externally paint where the schedule to the Heritage Overlay applies external paint controls to that place.

Who issues the planning permit and who issues the building permit?

The planning permit is issued by the council as responsible authority under the Planning and Environment Act 1987. The building permit is issued by a registered building surveyor, either council's or a private one you appoint, under the Building Act 1993. A building permit cannot be issued until any required planning permit has been obtained.

How do I find out if my property is in a Heritage Overlay?

Get a free planning property report from VicPlan on the Victorian Government planning website. It lists the zone and every overlay on the land; a Heritage Overlay appears as HO with a number. The schedule to Clause 43.01 then tells you which extra controls apply to that place.