Amendment C138

Planning Scheme Amendment C138 seeks to apply the heritage overlay on a permanent basis to part of the land at 14-26 Browns Lane, Plenty.

The amendment proposes to:

  • Amend the Schedule to Clause 43.01 (Heritage Overlay) to apply the heritage overlay (HO270) to part of 14-26 Browns Lane, Plenty on a permanent basis
  • Amends Planning Scheme Map No 009 to apply the new Heritage Overlay
  • Amends the Schedule to Clause 72.04 (Schedule to the Documents Incorporated in this Planning Scheme) to include a Statement of Significance for 14-26 Browns Lane, Plenty
  • Amends the Schedule to Clause 72.08 (Backgrounds Documents) to include the citation for 14-26 Browns Lane, Plenty.

The amendment amends Planning Scheme Map No 009HO to apply a new heritage overlay to cover the relevant part of the site and replaces Clause 43.01 Schedule 1 to show the new heritage overlay (HO270).

The amendment replaces an interim Heritage Overlay (HO270) applied through C137nill over part of the site at 14-26 Browns Lane, Plenty.

Why is the amendment required?

A demolition request has been received for the farm house structure at 14-26 Browns Lane, Plenty.

The citation for the site identifies the property is of local historic, aesthetic and associative significance to the Shire of Nillumbik.

The house at 14-26 Browns Lane is historically significant for its association with the development of Plenty in the interwar years. As an intact timber bungalow built for Marion and Fred Osmond in 1924, originally on a 20 acre lot, it provides tangible evidence of the interwar subdivision pattern in which large rural landholdings in the Plenty area were divided for sale in allotments of 10 of 30 acres. These allotments were advertised as being equally suited to farming and fruit growing as they were to residential purposes. In response to an increasing population in the area, this development coincided with and supported a growing Plenty town centre. Established in the 1920’s, the town centre included a Primary School (HO213), Methodist Church (HO 250), Store and Hall (HO 248).

Arthurs Creek, Doreen, Hurstbridge, Strathewen, Plenty, Diamond Creek, Yarrambat and Research became important centres for a fruit growing industry that was based at Diamond Creek. Smaller orchardists, however, often struggled to make a living from their trees and often turned to other activities such as raising chickens, selling firewood or even working for other landowners or in the goldmines, as well as tending their fruit trees. In 1927 a poultry farm was operating on the subject site. 14-26 Browns Lane thus provides evidence of these early agricultural activities in the area. The significance of the place is enhanced by its rural setting, which maintains street frontage to Browns Lane.

The house at 14-26 Browns Lane, Plenty, is a largely intact representative example of a timber interwar bungalow. It has very few changes made to the original or early built fabric across its principal elevations. Key characteristics include its asymmetric built form with projecting front room below a dominant hip and gable roof, extensive wrap-around verandah under the sweep of the main roof line, and a bay box window that sits under its own skillion roof with a window hood.

The significance of the property was assessed against the standard criteria contained in Practice Note 01 Applying the Heritage Overlay (August 2018) and is considered to meet the requirements and threshold for local protection through application of the Heritage Overlay. Consequently, Amendment C138nill is required to implement these findings by including the property in the Heritage Overlay.

Final Decision - Amendment Approved

As per Council's resolution at the 22 March Council Meeting, Planning Scheme Amendment C138nill to the Nillumbik Planning Scheme was submitted for approval by Council under Section 31 of the Planning and Environment Act 1987 on the 6 April 2022.

On the 8 June 2022, the Minister for Planning formally advised Council through correspondence that Planning Scheme Amendment C138nill had been approved under the Minister's delegation powers provided under Section 35(1) of the Act subject to changes.

The changes to the amendment specified by the Minister are as follows:

  • The planning scheme ordinance has been updated to conform with the Ministerial Direction on the Form and Content of Planning Schemes.
  • The Statement of Significance (SoS) has been modified to better align with the preferred form and content for statements of significance as set out in Planning Practice Note 1: Applying the Heritage Overlay and to ensure it is in an appropriate form for incorporation into the planning scheme. This included inserting an incorporated document title consistent with that being inserted in the planning scheme ordinance at the Schedule to Clause 43.01 and Schedule to Clause 72.04.
  • The amendment maps have been updated to include a deletion map for the interim HO.
  • Minor changes to the explanatory report to improve clarity.

These changes do not alter the original intent of the amendment.

The amendment has been incorporated into the Nillumbik Planning Scheme which came into effect on the 21 July 2022 upon the amendment's publication in the Victorian Government General Gazette.

The approved amendment including lodged documentation that support the amendment such as the Explanatory Report can be viewed on this page within the 'Document Library' or via the Department of Environment, Land, Water and Planning (DELWP) ‘Browse Amendments’ website. Click here to be taken to this page.

If you have any further queries regarding this amendment, please contact Julie Paget, Strategic Planner by email at or by phone on (03) 9433 3210.

Making a submission


Thank you to everyone who took the time to make a written submission to the public exhibition of Planning Scheme Amendment C138nill. The formal public exhibition period for the Amendment has now closed and the responses received have now been considered by Council.

To view the submissions received click below.

Submission 1

Useful websites

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