The Amendment

Amendment C140

The Amendment proposes to:

  • Amend 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.
  • Amend Planning Scheme Map No. 11HO to apply the Heritage Overlay to 1080 Heidelberg-Kinglake Road, Hurstbridge.
  • Amend the Schedule to Clause 72.08 (Background Documents) to include the citation for 1080 Heidelberg-Kinglake Road, Hurstbridge.
  • The amendment replaces an interim Heritage Overlay (HO269) applied through C139Nill over the site known as ‘Fermanagh’ at 1080 Heidelberg-Kinglake Road, Hurstbridge. A 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 Clause 43.01 Schedule 1 to show the new heritage overlay (HO269).

    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.

    Making a submission

    Any person who may be affected by the amendment may make a submission to the planning authority about the amendment. Submissions must be made in writing giving the submitter’s name and contact address, clearly stating the grounds on which the amendment is supported or opposed and indicating what changes (if any) the submitter wishes to make.

    Name and contact details of submitters are required for council to consider submissions and to notify such persons of the opportunity to attend council meetings and any public hearing held to consider submissions. The closing date for submissions is 14 January 2022. A submission can be sent to:

    Leigh Northwood
    Strategic Planning Lead
    Nillumbik Shire Council
    Civic Drive (PO Box 476), Greensborough VIC 3088

    Alternatively, a submission can be made below or electronically via email to

    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:

    Privacy Collection Notice:

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