Banyule Council has prepared Amendment C165 to the Banyule Planning Scheme which proposes to apply the Heritage Overlay to 21 places that have been identified as being of local heritage significance and recommended for protection in the Banyule Heritage Study 2020.

A municipal-wide Heritage Study was prepared by consultants on behalf of Council. It included community consultation that invited nominations of potentially significant properties in February & March 2020. It then considered preliminary assessments of 200 potential heritage places and, subsequently, a detailed assessment of the most significant (priority) individual places in 2021. The Study identified 21 places of heritage significance to the City of Banyule and recommended them for inclusion on the Heritage Overlay.

Council adopted the Heritage Study at its Ordinary Meeting on 20 September 2021 and resolved to progress protections for the 21 places in the Banyule Planning Scheme.

The Banyule Heritage Study is an important part of Council’s commitment to conserve places and precincts that contribute to Banyule’s cultural heritage. Council also has an obligation under the Planning and Environment Act 1987 and the Banyule Planning Scheme to identify and consider the protection of places of heritage significance.

The Panel Hearing for Banyule Planning Scheme Amendment C165 was held by video conference on Thursday 11 August 2022.

Council has received the Panel Report which recommends Amendment C165 be adopted with refinements that were proposed by Council. The Panel Report and its recommendations will be considered by Council at its meeting on 17 October 2022.

Panel Documents

• Panel Hearing Timetable
• Banyule City Council Part A Submission
• Banyule City Council Part A Submission - Attachments 3-15
• Expert Witness Statement – RBA Architects and Conservation Consultants
• Banyule City Council Part B Submission

Council is now progressing Amendment C165 which seeks to implement the recommendations of the Heritage Study 2020.

Why is the amendment needed?

Council wants to ensure that recognised heritage places within Banyule are protected into the future. The most effective way that Council can protect local heritage is through the application of the Heritage Overlay in the Banyule Planning Scheme.

What does the amendment do?

The amendment proposes to make the following changes to the Banyule Planning Scheme:

• apply the Heritage Overlay on a permanent basis to 21 individual heritage places
• introduces the Banyule Heritage Study 2020 as a background document
• introduces Statements of Significance as incorporated documents for the 21 heritage places being added to the Heritage Overlay

The amendment also reduces the extent of the Heritage Overlay for the existing heritage place HO82 ‘Taruna House’

The C165 Explanatory Report provides further detail.

Interim controls

To ensure properties identified for heritage protection are not lost through demolition or unsympathetic changes while Amendment C165 is being progressed, Council requested interim (temporary) Heritage Overlay controls on 19 October 2021 (via Amendment C164). The Minister for Planning approved the interim controls on 7 April 2022.

In response to a demolition application request, interim heritage controls for the Mother of God Church in Ivanhoe East were requested in June 2021 and approved on 11 November 2021 (via Amendment C163). The interim control expires on 1 December 2022.

Heritage Overlay

The intent of the Heritage Overlay is to conserve and enhance heritage places and precincts by appropriately managing change. The heritage overlay triggers planning permit requirements for demolition, alterations, additions and new building, and ensures development does not adversely affect the heritage significance of the place.