Project objective

Council has appointed a heritage consultant to prepare the Post-War Modern Residential Heritage Study to identify residential properties that are considered heritage-significant places.

The completion of the Post-War Modern Residential Heritage Study is a key action set out in Council’s Heritage Action Plan 2020 – a ten-year program to identify and protect Bayside’s heritage for the benefit of current and future generations.

Council’s consultant has prepared detailed Statements of Significances for individual properties and properties within precincts they recommend are included in the Heritage Overlay.

From 7 February to 30 April 2022, we undertook preliminary consultation with property owners whose properties were being considered as part of the Study.

From 7 September to 19 October 2023, we are consulting with property owners whose properties are a part of the Study to inform the assessment of their property’s heritage significance. During this period, community members and affected landowners can make a submission either for or against the amendment. Submitters will also have an opportunity to speak to their submissions at a Planning Panel, if they wish to do so.

Community groups and individuals with an interest in Bayside heritage and the Study can also make a submission, supplying relevant and factual information regarding properties included in the Study.

Council and submitters went to a Panel Directions Hearing 17 November 2023. At this hearing, submitters were able to ask questions to the Panel members and get a clear understanding of how the Panel Hearing process will operate moving forward.

Council and submitters are going to an Independent Panning Hearing Monday 26 February 2024. The Panel will provide a detailed report regarding submissions made during exhibition, and Council will consider the recommendations inferred from the Panel Report.

Interested members of the community can subscribe to receive updates about the draft Post-War Modern Residential Heritage Study. Please select the blue subscribe+ button at this top of this page.

Project impacts

The Post-War Modern Residential Heritage Study follows three previous attempts (2007, 2017, 2018) by Council to conduct studies to identify mid-century modern properties for potential heritage protection and introduce heritage controls (interim and permanent). This includes the adoption of an untried voluntary approach to heritage protection which the Minister for Planning approved on an interim basis until further work had been done to identify further heritage significant places in Bayside.

Council has a responsibility for heritage preservation, consistent with the objective located at Section 4(1)(d) of the Planning and Environment Act 1987 (‘the Act’) to “conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value”.

Council resolved to commence this Study in 2020/21 at its 23 June 2020 meeting.

Protecting heritage while also ensuring the community is well informed on what the Study and Planning Scheme Amendment Process involves can be challenging. As engagement on the draft Study proceeds, Council must ensure that affected property owners are not being falsely informed of risks in relation to the application of the Heritage Overlay on their property.

This Study was exhibited for community consultation from 7 September – 19 October 2023. During exhibition, Council received 33 submissions, alongside 1 late submission after the close of exhibition.

The Post-War Heritage Residential Study was in the exhibition phase of the amendment process from 7 September to 19 October 2023.

Through any potential planning scheme amendment process, all affected property owners and any other interested parties will be provided an opportunity to make submissions to Council as to whether they agree or disagree with the proposed Heritage Overlay, including the opportunity to engage any expert evidence (i.e. a Heritage Consultant).

An Independent Planning Hearing has been scheduled with Planning Panels Victoria for the week commencing 26 February 2024. The Panel will hear evidence from both Council and any submitters, and for the Panel to consider the evidence and provide recommendations to Council as to how to best proceed with the amendment.

Property owners will be provided with draft Statement of Significances for review in early February 2022 and provided the opportunity to provide any factual information to assist the assessment prepared by Council’s heritage consultant.

This factual information can include photos, planning or building plans which show that the residential building has been altered or is not ‘intact’. Examples of alterations to inform Council of include, but are not limited to:

• The exterior of the house has been recently renovated
• An addition to the house has been made (i.e garage, front porch)
• Windows, doors or other fixtures have been removed or replaced
• Any partial or full demolition that has occurred.

If the property owner is concerned that the house is no longer intact, photo evidence of any damage or disrepair is also encouraged to be provided to Council.

Information for the Study can be provided until 30 April 2022.

Property owners can continue undertaking research and collating information related to their property after the completion of the Study. This information would be encouraged to be submitted as an attachment to a submission during a Planning Scheme Amendment Public Exhibition Period – which would be the next step in the process.

Community members and groups with an interest in Bayside heritage and the Study can also supply relevant and factual information regarding properties included in the Study as part of the first stage of engagement.

• Based on the factual information provided as a submission, each respective property owner can support or oppose the findings on their property.
• Community groups are also encouraged to provide submission of any historic information they may have on the identified properties.

• Planning scheme amendment process

Stakeholders and community

This stakeholder assessment is a generalised understanding of sections of the community that have a connection to the project or matter. This information is used to understand the types of tools and techniques that will achieve the strongest and most effective outcomes for engagement and communication.

• Impact: What level of change the stakeholder / community segment may experience as a result of the project / matter
• Interest: What level of interest has been expressed or is anticipated
• Influence: Reference to the IAP2 Spectrum

Selected tools and techniques

The tools and techniques selected for this project are informed by the project content, stakeholders and type of feedback sought.

Phase 1

• Relevant property owners invited to provide information about their property via online submission form, email or post.
• Property owners invited to meet with Council officers to provide feedback and seek clarification on any questions or concerns they may have.
• Property owners can meet with Council’s appointed heritage consultant, as required (to be arranged through Council officers)
• Community groups or residents with a direct interest in the Study can provide relevant, factual information and/or request a meeting.

Phase 2

• Property owners and interested parties invited to provide a submission to the Amendment
• Any person can make a submission to the Amendment via mail, visiting the council office, or emailing a submission to planningstrategy@bayside.vic.gov.au
• If an Independent Planning Panel is appointed, all submitters to the Amendment can to speak at the Panel Hearing.

Phase 1

• Letter to property owners including draft Statement of Significance and information brochure
• Email to project subscribers with information on the draft Post-War Modern Residential Heritage Study assessment and engagement process
• Council website, Have Your Say website and e-newsletter, This Week in Bayside
• Let’s Talk Bayside magazine

Phase 2

• Letter to property owners whose properties are included in the adopted Study
• Notification in the Victorian Government Gazette and The Age
• Council website and e-newsletter, This Week in Bayside
• Email updates to project subscribers and key stakeholder groups

Decision-making process

Planning Scheme Amendment C192bays will be on public exhibition from 7 September to 19 October 2023. The exhibition period will allow property owners and interested parties the opportunity to make a submission for or against the amendment. Submissions can be made via email or by post.

After the exhibition of the planning scheme amendment, where submissions are received in objection and/or seeking change to the proposed amendment, a request will be made of the Minister for Planning to appoint an independent Planning Panel. An independent Planning Panel will consider the merits of each submission. Property owners and interested parties will have the opportunity to present their submission to the Independent Panel.

Following the Panel Hearing, the independent Planning Panel will prepare and provide a Planning Panel Report with recommendations to Council as to how to proceed.

A Council Meeting will be held to consider the Panel Report recommendation and to decide whether to adopt, adopt with changes, or abandon the amendment. If Council decides to adopt the Amendment, approval will be requested to the Minister for Planning.

More information

planningstrategy@bayside.vic.gov.au

03 9599 4441