Council Resolution - 26 March 2024

At its 26 March 2024 Council Meeting the resolution was made to note the findings of the Panel Report, adopt the amendment with recommended changes and request that officers submit the amendment to the Minister for Planning for consideration of approval. It is expected that the Minister will make a decision later in 2024.

The agenda and meeting minutes for this resolution can be found at the following link:

Meeting minutes and agendas - Nillumbik Shire Council

Planning Panel Report - Available

The independent Planning Panel for Amendment C149nill has concluded. Council has received the Panel Report from Planning Panels Victoria you can now download and read it from the following link or from the Document Library on this page.

Nillumbik C149nill Planning Panel Report

The Panel Report and officer's recommendations will be presented to Council on 26 March 2024.

Introduction

The Shire of Nillumbik is committed to identifying and protecting our heritage places, buildings and objects as part of our Heritage Strategy. We have completed the Nillumbik Heritage Review Stages A & B and are now in the process of implementing the findings into our Planning Scheme.

Planning Scheme Amendment C149nill proposes to apply the Heritage Overlay (HO) to sixty-three (63) new places, create one (1) new serial listing and one (1) new precinct in the Shire, along with deleting five (5) disused overlays and amending HO49, HO50 & HO112. This is in accordance with the recommendations of the Nillumbik Heritage Review Stages A & B adopted by Council on 26 July 2022.

As part of this amendment process, Council has applied for an Interim Heritage Overlay, via Amendment C148nill, under section 20(4) of the Planning and Environment Act 1987. This amendment applies the Heritage Overlay to properties on a temporary basis while Amendment C149nill is underway. On 26 April 2023 the Minister for Planning approved Amendment C148nill, the effect of which is to apply individual Heritage Overlays to 51 places (55 property addresses being privately owned) on an interim basis, until 1 October 2024. The letter of approval can be found in the Document library under Notices. For official documentation please visit the following link:

Amendment C148nill – Department of Transport and Planning

To stay informed and receive notifications when the amendment progresses please follow this amendment by clicking the +Follow button at the top of this page.

Council Officers and Panels Victoria will organise an independent planning panel where any person who made a submission about the amendment can request to be heard and be a party to the hearing. More information on how public hearings work can be found here

Once the Panel has concluded Council will be provided with a Panel report outlining recommended changes to the Amendment. Council must then decide to adopt or reject the recommended changes before submitting the amendment to the Minister for Planning for a final decision or decide to abandon the amendment.

The heritage citations that form the strategic justification and heritage siginficance for each property are provided for your convenience. They are sorted into their respective townships.

Council’s adopted Heritage Review Stage A, identified 10 Diosma Road as being worthy of investigation for potential State significance. In accordance with this recommendation, officers referred 10 Diosma Road to Heritage Victoria for consideration of nomination, and in October 2022 formal advice was provided by Heritage Victoria of its intent to undertake formal assessment of the place out of this nomination. This is an independent process outside of Council’s mandate under the Planning and Environment Act 1987.

Heritage Victoria undertook an inspection of the property in December 2022 and we are now waiting on further advice as to the State Significance of the property. We will provide further updates here, as they happen.

At Council’s 26 September 2023 Meeting, it was decided to keep the proposed curtilage of the Heritage Overlay across the entire site, in response to the pending assessment of Heritage Victoria.

You will find further information about the process and what registration means for the identified property at the following links

Victorian Heritage Register Process Heritage Act 2017

Victorian Heritage Register - what does registration mean?

Exhibition concluded on the 3^rd August 2023 and all submissions have been carefully reviewed. Council’s Heritage Consultants have made recommendations to improve the amendment, address concerns and fix minor errors. Submitters were given the opportunity to speak at the Planning and Consultation Committee Meeting on the 12th September 2023 and Council, on the 26^th September 2023, decided to include the recommended changes and request the Minister for Transport and Planning appoint an independent planning panel to consider unresolved submissions.

The information you provide is collected by the Shire in accordance with the Shire’s privacy policy and the Privacy and Data Protection Act 2014 for the purpose of considering your submission and notifying you of the opportunity to attend Council meetings and any public hearing held to consider submissions. Your submission will be used and disclosed in the public process of a panel hearing if one is required. Please note that the planning authority must make a copy of every submission available at its office for any person to inspect free of charge for two months after the amendment comes into operation or lapses. Council may also make copies of your submission available on Council’s website and provide copies of this submission to interested parties. Should this occur, personal information will be removed.