STEP 3: UNDERSTAND HERITAGE AND OTHER CONTROLS
Victorian Heritage Register If your property is included in the Victorian Heritage Register, it is protected under the Heritage Act 2017 (Victoria), and you will need a permit or a permit exemption from Heritage Victoria (rather than the City of Casey) to make changes. Casey Planning Scheme If your property is included in the Heritage Overlay, it is protected under the Casey Planning Scheme, which is established under the Planning and Environment Act 1987 (Victoria). You may need a planning permit for works to your heritage property. You can check if additional heritage controls (tree, internal, paint, fence or outbuilding controls) apply to your property by checking the Schedule to Clause 43.01 (Heritage Overlay) in the Casey Planning Scheme (Available at planning-schemes. delwp.vic.gov.au/schemes/casey ) Table 1 gives some examples of when a planning permit is or is not needed for works to a heritage property. There may be other planning controls which affect your property and require additional planning permit approval, such as the requirements of the Zone, Design Development Overlay, Environment Significance Overlay, Native Vegetation, etc. This is general advice only – consult with the City of Casey’s Statutory Planning team to confirm if you need a planning permit. Understand other requirements There are a range of permits that apply to building works, including Building, Asset Protection and Hoarding Permits. There may also be other legislation that you must comply with, such as rules around pool and spa safety. If your property is a public, commercial or Class 1b, Class 2 or Class 3 residential building (which includes boarding houses, guest houses, hostels, residential care units and apartment buildings), then the Disability (Access to Premises – Buildings) Standards 2010 may apply.
Demolition Under the Building Act 1993 , demolition will require report and consent by the City of Casey if: – the proposed demolition (including any other demolition within the last 3 years) amounts to more than half the volume of the building, or – the demolition affects part of the street-facing façade, including walls, roof or chimney that faces and is at least partly visible from the street A demolition permit will not be granted if the works require a planning permit or approval by Heritage Victoria, and this has not been obtained, or the demolition is inconsistent with an issued permit. In 2021, the Planning and Environment Act 1987 was amended to allow a planning scheme to provide for the regulation or prohibition of development where a heritage building has been unlawfully demolished or fallen into disrepair. At the time of writing, this amendment is new and the full implications for owners are not yet clear. You may wish to consult City of Casey to understand your obligations
Tip for owners Contact the City of Casey’s Building Services team to find out whether you need a permit for works.
Learn more Victorian Heritage Register heritage.vic.gov.au
City of Casey, Building Services casey.vic.gov.au/building-services
Victorian Building Authority, Practice Note 14: Access to Buildings for people with a disability, 2018, vba.vic.gov.au/__data/assets/pdf_ file/0004/99364/PN-14-Access-to-buildings- for-people-with-a-Disability.pdf Victorian Building Authority, Demolition, Version2.0, June 2021, vba.vic.gov.au/__data/assets/pdf_ file/0007/136528/Building-Practice-Note-DE-01- Demolition-of-buildings-Final-Approval.pdf
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CITY OF CASEY: HERITAGE HANDBOOK
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