Interim Heritage Control Protocol
Council has adopted an interim heritage control protocol to help protect significant buildings from being demolished while heritage amendments are being considered. The protocol provides guidance to officers on when it is appropriate to seek interim heritage controls from the Minister for Planning.
In early 2012 Council requested that the Planning Minister amend the planning scheme apply interim protection to all of the sites covered by Amendment C149. This was to guard against the risk of significant buildings in the amendment being demolished prior to a final decision on the Amendment being made.
The Minister informed Council that he would not apply interim heritage controls as requested. However he advised that he would consider applications from Council for interim heritage controls for individual properties on a case by case basis.
Council originally adopted the protocol on 5 June 2012. Amendments to the protocol have been endorsed by Council on 5 February 2013 and 18 February 2014. The most recent changes were made in response to criteria developed by the Department of Transport Planning and Local Infrastructure (DTPLI).
The following protocol (adopted 18 February 2014) outlines the circumstances when interim heritage controls are to be requested and when they are not to be requested.
Interim heritage controls are to be requested in the following instances:
- Where there is a threat of demolition at either planning permit stage or under section 29a of the Building Act 1993 for places graded either individually significant or contributory within heritage related planning scheme amendments where Council has commenced the exhibition period of the amendment. The threat includes either full demolition or inappropriate partial demolition; or
- Where there is a threat of demolition at either planning permit stage or under section 29a of the Building Act 1993 for places identified as being individually significant in a heritage assessment, study or planning scheme amendment (regardless of the stage of the amendment). The threat includes either full demolition or inappropriate partial demolition.
Interim heritage controls are not to be requested in the following instances:
- Where a planning permit has already been issued for demolition or redevelopment of the place and this planning permit has not expired; or
- Where consent for demolition under the Building Act 1993 has already been granted within the past 12 months; or
- Where a property is graded not-contributory.
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