Heritage Overlay for Residential Builds in Victoria: Clause 43.01 Permit Triggers

What it is

The Heritage Overlay (HO) is a planning control under clause 43.01 of every Victorian planning scheme. It applies to places of heritage significance identified by the local council or the state, and shown on the planning scheme maps with an HO number. The overlay sits inside the Victoria Planning Provisions (VPP), so the wording is uniform across the state, but each schedule to the HO lists the protected places for that council and any local exemptions.

The overlay is the day to day mechanism that protects heritage in Victoria for buildings that sit below the threshold of the Victorian Heritage Register. Register places carry an extra layer under the Heritage Act 2017. Most residential heritage sits only under the HO.

What triggers a permit

Clause 43.01-1 lists the triggers. A planning permit is required to subdivide land, to demolish or remove a building, to construct a building or to construct or carry out works, to externally alter a building by structural work, rendering, sandblasting or in any other way, and to construct or display a sign. Permits are also required to externally paint a place if the schedule turns that control on, and to internally alter a place if the schedule turns that on.

For a typical residential renovation, the practical triggers are demolition of any part of the dwelling, external alterations including window changes and material substitutions, additions, new outbuildings, fences if the schedule turns that on, and front fence changes. Removal of significant trees can also trigger if the schedule applies that control. Internal works are usually outside the overlay unless the place is listed for interior significance.

Permit exemptions

Clause 43.01-3 contains permit exemptions. A permit is not required to externally paint an unpainted surface in the same colour, or to externally paint a previously painted surface in the same colour as the existing colour. Permit exemptions for specified buildings or works can be turned on through the incorporated document referenced in the schedule, which is how some places get pre approved minor works.

Standard exemptions under clause 43.01 do not extend to demolition or substantial change. Even small structural changes can trigger if they are visible from a public place or affect the significant fabric.

Decision guidelines

Clause 43.01-9 sets the decision guidelines. The responsible authority must consider the significance of the heritage place and whether the proposal will adversely affect the natural or cultural significance of the place. It must consider any applicable heritage design guideline specified in the schedule to the overlay. It must consider whether the location, bulk, form or appearance of the proposed building will adversely affect the significance of the heritage place, and whether the demolition of any feature of the place will be detrimental to its significance.

Planning Practice Note 1 (PPN01) Applying the Heritage Overlay gives detail on how the overlay should be applied and read. Planning Practice Note 95 (PPN95) covers local heritage protection provisions and aids reading the schedule against the principal control.

Notice and review

Some applications under the HO are exempt from notice and review under clause 43.01-5. This includes demolition or removal of outbuildings unless specified in the schedule, demolition or removal of fences unless specified, external alteration of a building, external decoration in the same colour, and a permit for a sign. Demolition of the principal building, additions, and new buildings are not exempt, so neighbour notification under section 52 of the Planning and Environment Act 1987 applies, and third parties can apply to VCAT for review of a decision.

How the HO sits with other controls

The HO sits on top of the zone control. A residential property in a General Residential Zone with a Heritage Overlay needs to satisfy both the zone requirements, including ResCode under clauses 54 and 55, and the HO requirements. A permit for an extension on a heritage place addresses HO matters and ResCode matters in the same decision.

State register places

For places on the Victorian Heritage Register administered by Heritage Victoria, the Heritage Act 2017 applies and works require a permit from the Executive Director of Heritage Victoria under section 92 of the Act, not the council. The HO still appears on the planning scheme as HO with the suffix VHR, but planning permits are not required for works that have a heritage permit, since the heritage permit takes precedence under clause 43.01-6.

What builders need to know

For a quote on any older home, check the Planning Property Report for the address. If the HO appears in the overlays section, treat the project as heritage from day one. Pull the schedule entry for the HO number to read the specific controls and any incorporated plan. Get heritage advice before pricing demolition or fabric changes. A heritage consultant report is usually required for the planning application and the cost should be carried in the early stage budget. Quoting a heritage renovation as a standard renovation is a common cause of contract loss in Victorian residential work.