Questions about this project

• What is mid-century architecture?

• Mid-century modern is a design movement that influenced a range of areas across society, including graphic design, furniture, interior design, and relevant here, architecture. Mid-Century architecture was developed with the movement following World War II, influenced by a rejection of traditional design standards in favour of modern forms, materials, and design direction. Mid-century architecture evolved and developed around the world, with unique designs and trends in Palm Springs, California, Scandinavia, Japan, and here in Australia. Young and aspiring architects here in Australia such as Robin Boyd, Peter McIntyre, David Godsell, John Baird and Eric Lyon, to name a few, experimented with these new shapes and materials, developing a unique form of mid-century architecture in Australia.

  Incorporating innovative design features of the period, mid-century modern homes incorporate free flowing and open floorplans, flat and/or skillion roofs, use of exposed and new period materials such as exposed steel, timber, cement sheeting and more. Sometimes structurally daring, mid-century architecture is distinct for the use of clean lines, open floorplans, and a new approach for maximising views and utilising natural light with floor to ceiling windows. Further, an easy connection to outdoor decks and gardens was prominent and endemic of mid-century architecture, and this continues to influence Australian home design to this day.

• Why is this Draft Post-War Modern Residential Heritage Study important?

• Under the Planning and Environment Act 1987, Council has a responsibility for heritage conservation, as part of Section 4(1)(d), ‘to conserve and enhance those buildings, areas or otherwise of special cultural value.’

  Council has identified the implementation and adoption of the Draft Post-War Modern Residential Heritage Study as a priority in its Heritage Action Plan 2020. The purpose of the Heritage Action Plan is to guide Council’s heritage program, particularly as it relates to the identification, protection, management and promotion of Bayside’s heritage assets for the next 10 years.

  Bayside has a rich history and heritage, which is highly valued by the Bayside community. Historic buildings, landscapes, places and objects all contribute to Bayside’s liveability and character. Protecting and celebrating these places is therefore a vital function of Council for current and future generations.

• What is a Heritage Overlay?

• Heritage Overlays are a planning control that can be applied to properties, precincts, parks, trees, and other forms that are determined to have substantial heritage significance. The purpose of Heritage Overlays is to protect and conserve places of aesthetic, social or historical importance.

  To ensure heritage properties are protected, a planning permit may be required from Council to demolish, construct, alter or extend buildings or structures in the Heritage Overlay.

• How is heritage significance assessed?

• Before Council can introduce a Heritage Overlay to a place, a heritage assessment or study needs to be prepared.

  Heritage studies and assessments are prepared by a qualified heritage expert engaged by Council and identifies places that have heritage value. The heritage process leading to the identification of the place needs to clearly justify the significance of the place as a basis for its inclusion in the Heritage Overlay. The documentation for each place shall include a Statement of Significance that clearly establishes the importance of the place and addresses the heritage criteria.

  The Department of Environment, Land, Water and Planning provides planning practice notes to support planning processes and topics. Planning Practice Note 1 – Applying the Heritage Overlay provides guidance about the use of the Heritage Overlay and can be viewed here.
  
• What is the Heritage Overlay process?

• Before Council can introduce a Heritage Overlay to a property or precinct, a heritage assessment or study needs to be prepared.

  Heritage studies and assessments are prepared by a qualified heritage expert engaged by Council and identifies places that have heritage value. The heritage process leading to the identification of the place needs to clearly justify the significance of the place as a basis for its inclusion in the Heritage Overlay. The documentation for each place includes a statement of significance that clearly establishes the importance of the place and addresses the heritage criteria.

  The draft Post-War Modern Residential Heritage Study has been prepared by a qualified heritage expert and provides Statements of Significances for places considered to be locally heritage significant. The Statements of Significance have been prepared in accordance with Planning Practice Note 1 – Applying the Heritage Overlay.

  The second part of the Heritage Overlay Process is the adoption and approval of the Planning Scheme Amendment to implement the Heritage Overlay upon the identified significant properties. Through the 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).

  If submissions are received, Council would request that an Independent Planning Panel be appointed to 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.

• What is the history of this project?

• The Draft 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 Heritage 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.

Questions about properties in the draft Study

• I don’t think my house is of heritage significance, why is it in this Study?

• A heritage consultant’s expert opinion is that your property may be of local heritage significance. This identification has been based upon research and a site inspection of your property from the public realm. The significance of a given property is based upon (but not limited to) the historical, rarity, scientific, environmental, design, technical, social and/or other special significance of the identified property. The draft Statement of Significance for each property included in the draft Post-War Modern Residential Heritage Study outlines why the property has been included in the Study.

• How do I know if my property is already in a Heritage Overlay?

• You can see if your property is within a Heritage Overlay by searching the Schedule to the Heritage Overlay in the Bayside Planning Schemes. You can also find specific details pertaining to form, landscaping, and paint controls, among others.

• Can I demolish my property if it is in a Heritage Overlay?

• If your building contributes to the broader heritage of an area, we will evaluate the neighbourhood significance, and advise if a permit can be issued through the planning permit application process. An appeal process is available if you do not agree with Council’s decision.

• Can I make changes to my house to make it more sustainable, even if it is heritage listed?

• Yes. There are many houses already within the Heritage Overlay that have solar panels in place and various other measures to ensure a building is energy efficient can be installed without compromising the heritage significance of the place.

  A VicSmart permit application (which is assessed in 10 business days) is required to:

  • Construct or install a solar energy system attached to a dwelling
  • Construct and install an electric vehicle charging station
  • Construct and install services normal to a building other than a dwelling, including chimneys, flues, skylights, heating and cooling systems, hot water systems, security systems and cameras, downpipes, window shading devices, or similar.

  Any services that are installed internally can be provided without seeking planning permission (unless it is one of the few properties that have specific internal controls, as indicated in the Bayside Planning Scheme. These properties will require a permit for internal works.

  Assessment of an application to install a solar energy system must consider whether the location, style, size, colour and materials of the proposed solar energy system will adversely affect the significance, character or appearance of the heritage place.

  Where the proposed development is not eligible under the VicSmart provisions, a standard planning application may take longer. Council generally assesses and decides on a planning application within 60 statutory days. Planning application fees are updated each financial year. The current Council Charges for Planning Services can be viewed here.

• Can I build a new front fence in a Heritage Overlay?

• A permit will be required, and the fence should be sympathetic and/or complimentary to the valued heritage elements of the building.

• ​Can I paint my property in a Heritage Overlay?

• In designated heritage precincts, a permit would not be required to paint previously painted surfaces. However, there are some properties that have external paint controls, requiring a permit for external painting. This is determined on the characteristics of a particular property, such as period features and design elements.
  

• ​If a Heritage Overlay is applied to my property, do I have to maintain my property to a standard determined by Council?

• All homeowners have a responsibility to maintain their homes to a habitable state. Local heritage controls only impose a minimal responsibility to owners regarding maintenance.
  

• ​Do I need to engage a heritage specialist to undertake renovations to my house if it is in a Heritage Overlay?

• No, you do not. However, like with any renovation, homeowners should consider choosing a practitioner who is best credentialed to assist with the proposed building work.
  

• ​Can I make changes or alterations to the inside of a building in a Heritage Overlay?

• A permit is not required for internal alterations unless it is one of the few properties that have specific internal controls, as indicated in the Bayside Planning Scheme. These properties will require a permit for internal works.
  

• ​Do I need a permit for alterations and additions to my house in a Heritage Overlay?

• Yes, a permit will be required. Alterations and additions may impact the heritage values of a given site. If you are seeking to engage in alterations or additions, they should be sympathetic in design, and compliment the valued heritage elements of the building, however they do not need to replicate the style of the original building. Example: Additions can be contemporary in form, by complimenting the roof pitch or building form, or through the use of materials of the original heritage building(s).
  

• ​How long will it take to get a planning permit, and what are the costs involved?

• There are various types of development that are eligible for assessment as a VicSmart application. The following is a list of the types of development (but not all) that are eligible:
  

  • The demolition or removal of an outbuilding (unless the outbuilding is specified in the schedule to the Heritage Overlay
  • The demolition or removal of a fence (unless the fence is specified in the schedule to the Heritage Overlay
  • External painting
  • Construct a carport, garage, pergola, verandah, deck, shed or similar structure
  • Construct or install an electric vehicle changing station
  • Construct and install services normal to a building other than a dwelling, including chimneys, flues, skylights, heating and cooling systems etc.

  The VicSmart application fee varies:

  • If the estimated cost of development is $10,000 or less, than the application fee is $202.90
  • If the estimated cost of development is more than $10,000, than the application fee is $435.90

  VicSmart applications do not need to be publicly advertised and are to be processed within 10 days.

  Where the proposed development is not eligible under the VicSmart provisions, a standard planning application may take longer. Council generally assesses and decides on a planning application within 60 statutory days. Planning application fees are updated each financial year. The current Council Charges for Planning Services can be viewed here.

• Does a Heritage Overlay impact property value?

• Property prices go up and down for a number of reasons: market conditions, seasonal fluctuations, location, size, amenity, the state of neighbouring properties, building use, rental return, economic conditions, quality of buildings, etc. It is therefore difficult to isolate the specific effects of heritage listing.

  The era, condition and style of heritage features, along with the cost of maintenance, as well as other significant qualities offered by the property, and the target market’s personal taste are all key factors influencing price. If heritage features are in excellent condition/restoration, easily maintained and do not reduce functionality or involve long-term costs, they are likely to increase the property’s value.

• ​Can I engage my own expert?

• Yes. You are able to request a heritage professional or expert to review the draft Statement of Significance that has been prepared by Council’s heritage consultant.

  This can be submitted to Council as part of a submission during this consultation phase or presented to a Panel Hearing at a later stage when a Planning Scheme Amendment process commences.

• How can I get the draft Statement of Significance prepared for my property reviewed?

• If you do not agree with the findings of the draft Statement of Significance that has been prepared, you are able to get this reviewed by a heritage professional or expert. There are many heritage consultants in Melbourne that you can get in contact with to undertake this review.

  Council will not be involved in a property owners’ personal engagement of a heritage professional or expert and can only provide response to these findings if it has been submitted to Council through this consultation on the draft Study, or during the Planning Scheme Amendment public exhibition and Panel hearing processes.