Amendments C188port & C200port - HO7 - Extension of Interim Heritage Controls

Amendment C188port applies interim heritage controls to properties at 41-57 Dickens Street, 1-3 Ruskin Street, 1 Addison Street, 49-51 and 59-61 Mitford Street, Elwood while permanent controls are pursued via a separate planning scheme amendment process (see Amendment C161port).

The heritage value of the properties was assessed in the Port Phillip Heritage Review Update (David Helms Heritage Planning, 2019) which considers that the significance of the properties is comparable with other places already included in the Heritage Overlay 7 (HO7) (St Kilda, Elwood, Balaclava, Ripponlea) precinct. The report recommends that 41-57 Dickens Street, 1-3 Ruskin Street, 1 Addison Street, 49-51 and 59-61 Mitford Street, Elwood be included in HO7 as a logical extension of the precinct.

At its Ordinary Council Meeting on 20 November 2019, Council requested the Minister for Planning prepare and approve Amendment C188port to the Port Phillip Planning Scheme,.  The proposed amendment would make the following specific changes to the Port Phillip Planning Scheme:

• Amend Port Phillip Planning Scheme Map 8HO and the schedule to Clause 41.03 – Heritage Overlay to apply interim Heritage Overlay 7 (HO7) to:
  • 41 and 43 Dickens Street, 1 Addison Street, 1-3 Ruskin Street and 45-57 Dickens Street, Elwood.
  • 49-51 and 59-61 Mitford Street, Elwood.
• Apply a ‘Significant Heritage Place’ grading to each of the above properties on the Port Phillip Heritage Policy Map (Incorporated Document) except for 49 Dickens Street which is proposed as a ‘Contributory Heritage Place’.
• Remove ‘Contributory outside of the Heritage Overlay’ gradings for 49, 59 and 61 Mitford Street, 1 Addison Street and 1-3 Ruskin Street, Elwood on the City of Port Phillip Neighbourhood Character Map (Incorporated Document).
• List the Port Phillip Heritage Review Update (David Helms Heritage Planning, 2019) as a reference document in Clause 22.04 (Heritage Policy).
• Make consequential changes to Clauses 21.07 (Incorporated Documents), Clause 22.04 (Heritage Policy) and the schedule to Clause 72.04 (Documents incorporated in this scheme) to update the version number and date of the Incorporated Documents listed above.

The changes detailed above would provide heritage protection to the properties for an interim period (12 months).

Why has the request been made to the Minister for Planning?

The Planning and Environment Act 1987 requires Council to make a request to the Minister for Planning to apply interim heritage controls. Council itself cannot make this change to its planning scheme. Council made this request to the Minister on 22 November 2019.

Why have Council requested the Amendment?

Amendment C188port will provide interim heritage protection for the important heritage buildings at 41-57 Dickens Street, 1-3 Ruskin Street, 1 Addison Street, 49-51 and 59-61 Mitford Street, Elwood, whilst Council pursues permanent heritage controls through Amendment C161port.

The request for interim heritage controls was made after Council received an application to demolish the buildings at 47 Dickens Street, Elwood under Section 29A of the Building Act 1993. As there is currently no Heritage Overlay applied to the site, a planning permit is not required for demolition.

Council’s request for interim heritage controls enabled Council’s Municipal Building Surveyor to suspend the request for demolition of 47 Dickens Street (under Section 29A of the Building Act 1993) on the basis that an amendment is being sought that could result in a planning permit being required for demolition under the Heritage Overlay. An interim control does not prevent demolition outright, but triggers a planning permit for demolition to ensure heritage matters are considered. Council’s local heritage planning policy (Clause 22.04) is used to guide Council’s discretion when considering a planning application for demolition.