Heritage

Combined, the first 8 activity centres in Boroondara cover in excess of 40% of the municipality and approximately 80%
of its Victorian, Federation, Edwardian and Inter-war heritage homes. The heritage precincts included in the Kew
Junction, Hawthorn, Glenferrie and Auburn catchments can be seen in this map.

Hertage homes are protected because their cultural heritage value has been independently assessed against best
practice heritage criteria. The process is rigorous.

The claim that “the heritage overlay will remain” is disingenuous.

The Government has sought to reassure Boroondara residents that the heritage precincts will continue to be protected by the heritage overlay remaining in place; planning decisions in a heritage precinct or affecting an individual heritage place will continue to have the heritage significance taken into account.

The Government eventually conceded that heritage will be a ‘consideration’ that will be balanced against the new zone’s intent to create a diversity of housing in the catchments and the objective of facilitating housing growth. It has refused to provide modelling of streetscapes that would indicate its vision. It has not ruled out 4-6 storey apartments in heritage precincts.

Boroondara Council and peak heritage bodies continue to raise concerns that our world class heritage precincts now in 10 minute walkable catchments / HCTZ are no longer as well protected:

1. modelling and presentations from Government evidence an intent for heritage to be lost
2. the strength of the protection heritage overlays provide stems from the purposes and objectives of the “zoning” of the land. Homes in Boroondara that are in the HCTZ were mostly zoned Neighbourhood Residential Zone (NRZ) for 1-2 storey homes. Respecting heritage and neighbourhood character were explicit purposes of that zone. The purposes & objectives of the HCTZ are ‘increasing density’ and ‘increasing diversity of housing’ without a reference to heritage or character. If Councils refuse plans then VCAT – and ultimately the Supreme Court – will determine how the balance is struck. The Government is yet to indicate that heritage conservation is its priority.
3. on-going pressure from industry & YIMBYs that heritage is “a blocker” to development and denying younger Victorians and families homes. Executive within the Department of Planning have said “there is too much heritage”.

The National Trust (Vic) and the Royal Historical Society released a Joint Statement, “More Housing and Heritage Must Go Hand in Hand in”. View here. On Tuesday 26th August, the Heritage Committee of the RHSV held a pubic meeting, ‘Heritage and the New Housing Zones’. View the presentations, including from Scott Walker, Director of Urban Living, Boroondara Council here.

A recent article by Sam D’Amico at Ratio (a highly influential urban planning consultancy) outlined the case for substantially reducing the number of heritage precincts across Melbourne. View here

The new Housing Choice & Transport Zone does not require the decision maker to consider heritage nor character as was the case before. The Planning Scheme requires greater weight to be given to a zone than an overlay. Thus a zone that‘s purpose is to provide a transition in density and a diversity of housing does not provide the same degree of heritage protection. Government modelling shared with Boroondara Council supports this, showing that the degree of change expected in the heritage precincts was 50% less than in the non-heritage areas .

For more information on the threat to heritage from Charter 29, an eminent group of architects and planners – click here

The Legislative Council’s Inquiry acknowledged that the concerns expressed by many submitters that heritage and
heritage values are at serious risk of being compromised by these planning amendments are valid. Protections should
be available to protect our city and its magnificent heritage buildings and zones. (Finding 9). The advice of the Standing
Committee on Activity Centres specifically provided advice to change the planning scheme amendments to protect
heritage. This advice was not followed by the Minister for Planning. (Finding 12)

The Heritage Overlay and ‘Deemed to Comply’ in a 10 minute walkable density zone

A proposed multi-dwelling development in a heritage overlay needs planning permission on at least two grounds:

1. building standards – (Townhouse & Low Rise Code) or a code regulating 4-6 storeys. If the standards in the code are
   met then the “deemed to comply” provisions prevent meaningful objections and the community initiating action at
   VCAT. For any standard that is not complied with a council can consider whether the objective of the standard is
   met and approve or refuse the application. The community’s right to challenge a decision of council on that
   standard – but not on any other – at VCAT remains.
2. heritage – Heritage policy provisions guide the decision making. How the balance is struck between density and
   diversity objectives in the HCTZ and heritage conservation in the policy is discussed above. The community’s right
   to object and go to VCAT remains but is limited to heritage matters.

Hence a “deemed to comply” multi-dwelling development in a heritage overlay could be refused on heritage grounds.