Elsternwick Structure Plan Area Heritage Review — Planning Scheme Amendment

Background

We have a commitment to conserve and enhance buildings, areas and other places which are of scientific, aesthetic, architectural or historic interest, or otherwise of special cultural value to our municipality. As part of this commitment, we conducted the Elsternwick Structure Plan Area Heritage Review in 2019.

This review looked at the whole Elsternwick Structure Plan area to identify places and precincts that demonstrated heritage value but had not already been identified and placed under heritage protection.

We appointed RBA Architect and Conservation Consultants Pty Ltd to conduct this review. The outcome of this review produced a report that identified nine individual places, four new precincts and extensions to three existing precincts for protection in Elsternwick under a Heritage Overlay.

The full report is available here: Glen Eira Heritage Review of Elsternwick Structure Plan Area 2019 — Stage 2 Report

Interim Heritage Protection

Following the adoption of the Elsternwick Structure Plan Area Heritage Review Report in 2019, we resolved to submit a request for a planning scheme amendment to permanently apply a Heritage Overlay over the proposed properties and precincts (known as Planning Scheme Amendment C204glen). As this can be a lengthy process, we also resolved to apply for an Interim Heritage Overlay to the properties and precincts to ensure they were protected whilst the permanent amendment process was conducted.

Two amendments for Interim Heritage Overlays over the proposed properties and precincts were submitted in September 2019 and October 2019 to the Department of Environment, Land, Water and Planning (DELWP). We received an outcome to this application in September 2020.

DELWP made the decision to only approve the Interim Heritage Overlay for a limited number of the proposed properties and precincts which they considered to be under development pressure. They did not approve interim controls for the other proposed precincts which they considered not under the same risk.

As a result, the Interim Heritage Overlay is now in place only over the approved properties and precincts, known as Planning Scheme Amendment C196glen and C202glen. The Interim Heritage Overlay will be in effect for approximately one year from 15 October 2020 to 30 July 2021.

The list of properties and precincts included in the Interim Heritage Overlay and subsequently for Planning Scheme Amendment C204glen are:

The full Interim Heritage Overlay Amendments documentation is available here:

The list of precincts not included in the Interim Heritage Overlay and subsequently for Planning Scheme Amendment C204glen are:

• Glen Orrong Commercial Precinct
• Elsternwick South Precinct
• Elsternwick Interwar Residential Precinct
• Gladstone Parade and College Precinct (minor extension of existing HO22)
• Elsternwick North Precinct (extension of the existing Elsternwick HO72)

Permanent Heritage Protection

We submitted the request for authorisation to commence Planning Scheme Amendment C204glen for the Permanent Heritage Overlay in March 2020. We received conditional authorisation approval to this request in September 2020.

DELWP made the decision to only approve the commencement of the planning scheme amendment for permanent heritage controls for the same properties for which interim heritage controls have been applied (listed in the table above). They did not approve the inclusion of the other proposed precincts which they considered not under the same development pressure, advising:

At this stage it is not considered appropriate to apply the Heritage Overlay more extensively in Elsternwick given that Council is yet to seek authorisation for a planning scheme amendment to implement the Elsternwick Structure Plan. Doing so could, by default, lead to heritage controls becoming the primary driver for development outcomes within the Elsternwick Activity Centre.  Wider application of the Heritage Overlay in Elsternwick needs to be considered in the context of implementation of the Elsternwick Structure Plan. Council may consider seeking further heritage controls in conjunction with a future request for authorisation to prepare and exhibit permanent controls to implement the Structure Plan.

As a result, Planning Scheme Amendment C204glen for a Permanent Heritage Overlay will not apply to all of the precincts identified in the Elsternwick Structure Plan Area Heritage Review Report 2019. The properties and precincts included in Planning Scheme Amendment C204glen for a Permanent Heritage Overlay are the same ones approved for the Interim Heritage Overlay listed in the table above.

Next Steps

For the properties and precincts for which the Interim Heritage Overlay was approved, Council will soon commence Planning Scheme Amendment C204glen which will propose to include these properties and precincts permanently within the Heritage Overlay. All affected property owners and occupiers will be notified at the commencement of the public exhibition stage and be provided the opportunity to make a submission.

For the other precincts that were not included within the Interim Heritage Overlay and subsequent Planning Scheme Amendment C204glen for the Permanent Heritage Overlay, no heritage protection will apply to these places at this time. However, refusal by DELWP to implement interim/permanent heritage controls to these places now, does not necessarily mean that they are not worthy of protection through permanent controls in the future.

DELWP have advised Council that the wider application of heritage controls to these other precincts in Elsternwick needs to be considered in the context of implementing the Elsternwick Structure Plan. Therefore the future permanent heritage protection of these other precincts is unlikely to take place until that time. All affected property owners and occupiers will be kept updated and informed when this is likely to take place in the future.