What is a Heritage Overlay?

A heritage overlay is applied to any heritage place that has been formally recognised on the heritage register or identified in local heritage studies.

Heritage can relate to a wide variety of places, including a building or group of buildings, site or area, land or a landscape, a memorial, a tree, garden or parkland, the place of a historical event, urban areas, towns, industrial sites, archaeological sites, as well as spiritual and religious places.

When heritage overlays are being prepared, a statement of significance is developed for each overlay area. It will give you a description of the place and list the important elements such as building style, landscaping, or streetscape.

The heritage overlay outlines when permits are and aren’t required for properties identified in the schedule to the heritage overlay. These properties are identified by a number in the schedule to the overlay which also appears on planning scheme maps. A heritage place includes both the listed heritage item and its associated land. Details regarding the significance of the place can be found in the heritage register or in local council heritage studies.

The purpose of the heritage overlay is to –

• • 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 specifically identified 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.

You may have a VicSmart application if you are seeking any of the following classes of development:

• • Subdivide land to realign the common boundary between 2 lots where the area of either lot is reduced by less than 15 percent and the general direction of the common boundary does not change.
  • Subdivide land into lots each containing an existing building or car parking space where:
    • The buildings or car parking spaces have been constructed in accordance with the provisions of this scheme or a permit issued under this scheme.
    • An occupancy permit or a certificate of final inspection has been issued under the Building Regulations in relation to the buildings within 5 years prior to the application for a permit for subdivision.
  • Subdivide land into 2 lots if:
    • The construction of a building or the construction or carrying out of works on the land is approved under this scheme or by a permit issued under this scheme and the permit has not expired.
    • The construction or carrying out of the approved building or works on the land has started lawfully.
    • The subdivision does not create a vacant lot.
  • Demolish or remove an outbuilding (including a carport, garage, pergola, verandah, deck, shed or similar structure) unless the outbuilding is identified in the schedule to the Heritage Overlay.
  • Demolish or remove a fence unless the fence is identified in the schedule to the Heritage Overlay.
  • Externally alter a non-contributory building.
  • External painting.
  • Construct a fence.
  • Construct a carport, garage, pergola, verandah, deck, shed or similar structure.
  • Construct and install domestic services normal to a dwelling.
  • Construct and install a non-domestic disabled access ramp.
  • Construct a vehicle cross-over.
  • Construct a domestic swimming pool or spa and associated mechanical equipment and safety fencing.
  • Construct a rainwater tank.
  • Construct or display a sign.
  • Lop a tree.
  • Construct or install a solar energy facility attached to a dwelling

In some instances, external paint controls, internal alteration controls and control over trees may also apply. The schedule to the heritage overlay will identify whether these additional controls apply.

View comprehensive Heritage guidelines here.

 Derived from Victoria Planning Provisions by the State of Victoria and Overlays by City of Yarra