Heritage Overlay and Planning Permits

Purpose of the Heritage Overlay

The Heritage Overlay (HO) is a planning control that operates under Clause 43.01 of the Victoria Planning Provisions. The purpose of the HO is to:

• Implement the Municipal Planning Strategy and the Planning Policy Framework.
• Conserve and enhance heritage places of natural or cultural significance.
• Conserve and enhance those elements which contribute to the significance of heritage places.
• Ensure development does not adversely affect the significance of heritage places.
• Conserve specified heritage places by allowing a use that would otherwise be prohibited if this will demonstrably assist with the conservation of the significance of the heritage place.

The HO can be applied to properties or precincts that are determined to have heritage significance. The overlay applies to a property or precinct in the Mornington Peninsula if the latter is listed under the Schedule to Clause 43.01. It is important to note that other overlays may also apply. Examples include the Design and Development Overlay and Vegetation Protection Overlay. You can contact our Planning Services team on (03) 5950 1010 or planning@mornpen.vic.gov.au to find out whether other overlays apply to your property. Alternatively, you can use the online maps to the Mornington Peninsula Planning Scheme to find what overlays, if any, apply to your property.

Permit requirement

Under the HO, a planning permit is required to:

• Subdivide land.
• Demolish or remove a building.
• Construct a building or construct or carry out works, including a fence and other structures (refer to Clause 43.01 for details).
• Externally alter a building by structural work, rendering, sandblasting or in any other way.
• Construct or display a sign.
• Externally paint a building if the schedule to this overlay specifies the heritage place as one where external paint controls apply.
• Externally paint an unpainted surface.
• Externally paint a building if the painting constitutes an advertisement.
• Internally alter a building if the schedule to this overlay specifies the heritage place as one where internal alteration controls apply.
• Carry out works, repairs and routine maintenance which change the appearance of a heritage place or which are not undertaken to the same details, specifications and materials.
• Remove, destroy or lop a tree if the schedule to this overlay specifies the heritage place as one where tree controls apply (refer to Clause 43.01 for specific exemptions).

Heritage Advice

Heritage place owners are advised to request a free pre-application meeting for heritage advice on development and maintenance of their properties before lodging a planning permit application. While concept plans are not required during the pre-application meeting, owners are encouraged to seek the advice as early as possible. Officers will conduct a site visit and provide preliminary advice, which may identify areas that need maintenance to help preserve the heritage fabric. To request a pre-application meeting for heritage advice, email heritage@mornpen.vic.gov.au.