The Amendment

Amendment C140

What the amendment does?

The amendment replaces interim heritage controls applied through C139nill and extended via C145nill over the site known as ‘Fermanagh’ at 1080 Heidelberg-Kinglake Road, Hurstbridge with a permanent Heritage Overlay (HO269). A heritage citation recommending the protection of the dwelling and garden was prepared as part of the Nillumbik Heritage Review – Stage A. This citation was adopted by Council on 29 June 2021.

The amendment amends Planning Scheme Map No. 11HO to apply a new Heritage Overlay to cover the site to the property lines and replaces the Schedule to Clause 43.01 to show the new Heritage Overlay (HO269). Of significance, the amendment will activate tree controls in the Schedule for this site. The citation has been included as a background document within the Schedule to Clause 72.08 of the Nillumbik Planning Scheme while the associated Statement of Significance is included as an incorporated document in the Schedule to Clause 72.04 of the Nillumbik Planning Scheme.

Specifically, the Amendment proposes to:

  • Amends the Schedule to Clause 43.01 (Heritage Overlay) to include 1080 Heidelberg-Kinglake
  • Road, Hurstbridge.

  • Amends the Schedule to Clause 72.04 (Documents Incorporated in this Planning Scheme) to
  • include the Statement of Significance for 1080 Heidelberg-Kinglake Road, Hurstbridge.

  • Amends the Schedule to Clause 72.08 (Background Documents) to include the citation for 1080 Heidelberg-Kinglake Road, Hurstbridge.
  • Amends Planning Scheme Map No. 11HO to apply the Heritage Overlay to 1080 HeidelbergKinglake Road, Hurstbridge.

Why is the amendment required?

A planning permit application has been received for 1080 Heidelberg-Kinglake Road, Hurstbridge known as ‘Fermanagh’ which upon review has alerted Council officers to proposed additions to the dwelling that make substantial changes to the façade of the existing dwelling.

The citation for the site identifies the property is of local historic, aesthetic and associative significance to the Shire of Nillumbik. Fermanagh is noted of historical significance for its ability to demonstrate the manner in which land in the Nillumbik area was subdivided and used for small agricultural pursuits. It illustrates the early period of development of the Hurstbridge Township, which accelerated due to the opening of the railway line in 1912. ‘Fermanagh’ provides tangible evidence of its association with orcharding in Hurstbridge, which was the main agricultural industry in the Diamond Valley region from the 1880s to the 1930s, and with locally notable orchardists the Burke family. The Burke family lived at ‘Fermanagh’ for over 100 years, and ran an orchard on the property for at least 25 years. Patrick Burke had settled in the area in the 1860s and with his sons established a nursery, market garden and cool store. The Burke family employed many locals in their orchard at ‘Fermanagh’ and are known as prominent figures in Hurstbridge’s agricultural history. This context meets Criteria A and H for assessment.

Fermanagh and garden is also aesthetically significant as a particularly well-executed and architect designed Federation villa that retains an early garden. It is distinguished from other houses of the same era in Hurstbridge with its intact Queen Anne details including Marseille terracotta and roughcast render detailing, decorative timber fretwork and posts to the verandah, combined with the massing and verandah form of an Australian homestead. The property’s aesthetic significance is further enhanced by the remaining garden elements including Golden Cypress trees (Hesperocyparis macrocarpa ‘Horizontalis Aurea’) arranged in an ovoid pattern and two Chinese Windmill Palms (Trachycarpus fortunei) arranged symmetrically in relation to the house meeting Criterion E of heritage assessment.

Given this significance, the citation adopted as part of Councils Heritage Review Stage A recommends that the site is included in the Schedule to the Heritage Overlay in the Nillumbik Planning Scheme with mapping applied to the property boundaries and tree controls to the Golden Cypress Trees and Chines Windmill Palms.

Final Decision - Amendment Approved

As per Council's resolution at the 22 February Council Meeting, Planning Scheme Amendment C140nill to the Nillumbik Planning Scheme which was submitted for approval by Council under Section 31 of the Planning and Environment Act 1987 on the 7 March 2022.

On the 19 April 2022, the Minister for Planning formally advised Council through correspondence that Planning Scheme Amendment C140nill 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:

  • Minor edits have been made to the explanatory report to ensure it is in an appropriate form.
  • The instruction sheet has been updated to indicate the HO map is being replaced on a permanent basis.
  • The Schedule to Clause 43.01 has been amended to include reference to the Statement of Significance (SoS).
  • The SoS has been revised by 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 Heritage Citation has been revised by removing unnecessary content which is already contained within the SoS.

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

The amendment was incorporated into the Nillumbik Planning Scheme and came into effect on the 26 May 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 the link to be taken to this page.

If you have any further queries regarding this amendment, please contact Sean Diffey, Strategic Planner by email at or by phone on (03) 9433 3111.

Making a submission

Thank you to everyone who took the time to make a written submission to the public exhibition of Planning Scheme Amendment C140nill. 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

For information and updates on amendments to Planning Schemes, please see the following link:

For details about the planning scheme amendment process, please see the following link:

For information in regard to Panels Victoria, please see the following link: