Amendment C200 Proposed Heritage Overlay – Sunshine

The Minister of Planning has approved Amendment C234brim to the Brimbank Planning Scheme. This amendment updates the incorporated document titled ‘Grand Junction Estate and Matthew’s Hill Precinct Statement of Significance’ to extend the expiry date for interim heritage controls for the five properties below to facilitate the completion of further strategic work around the heritage grading of the properties.

• 49 Parsons Street, Sunshine
• 81 Parsons Street, Sunshine
• 81 Monash Street, Sunshine
• 17 Robinson Street, Sunshine
• 15 Servante Street, Sunshine.

The interim heritage controls were due to expire on 05 September 2022 and have now been extended to 30 June 2023.

Any changes to the heritage grading of the five properties above will occur through a separate Planning Scheme Amendment and all affected landowners and occupiers will be notified.

A copy of Amendment C234brim (including all approved documents) can be inspected, at the Department of Environment, Land, Water and Planning website.

The Minister for Planning has approved Amendment C200 Part 2 (Amendment) to the Brimbank Planning Scheme.

The Amendment came into operation on 25 March 2021 when it was published in the Victoria Government Gazette.

The Amendment applies the Heritage Overlay (HO151) to properties within the Grand Junction Estate and Matthew’s Hill Precinct, Sunshine, and amends the Schedule to Clause 72.04 (Documents Incorporated in Brimbank Planning Scheme) to include the Grand Junction and Matthew’s Hill Precinct Statement of Significance, March 2021.

The Minister has requested the following changes be made to the Amendment as part of the approval:

• Changes to the Statement of Significance to ensure consistency between the grading table and the body of the document.
• Removal of two properties where existing Heritage Overlays already apply (noting this is a change from previous advice). They are Heritage Overlay Schedule 116 (2 Tyler Street, Sunshine) and Heritage Overlay Schedule 150 (86 Monash Street, Sunshine). 

Amendment C202 (interim Heritage Overlay)

The application of the permanent Heritage Overlay replaces the interim Heritage Overlay that previously applied to land within the precinct.

Further work

As part of the changes the following properties have been identified for further strategic work and even though the permanent Heritage Overlay applies, they will retain their interim heritage status until 5 September 2022. This further work means the interim Heritage Overlay requirements still apply to these properties until that date:

• 49 Parsons Street, Sunshine
• 81 Parsons Street, Sunshine
• 81 Monash Street, Sunshine
• 17 Robinson Street, Sunshine
• 15 Servante Street, Sunshine.

All landowners, occupiers and submitters to the Amendment were notified of the amendment approval and replacement of the interim Heritage Overlay.  Individual letters were sent to all those impacted by specific changes.

A copy of the Amendment (including all approved documents) can be inspected, at the Department of Environment, Land, Water and Planning website.

For an update on the Interim Heritage Overlay please see: Brimbank Planning Scheme Amendment C202 - Interim Heritage Overlay (replacing Amendment C197).

At the Ordinary Council Meeting on 23 June 2020 Council resolved to submit a list of administrative errors (PDF 8.3 MB) to the Minister for Planning.

At the Ordinary Council Meeting on 18 February 2020 Council considered the recommendations provided by the Planning Panel for Planning Scheme Amendment C200 Part 2 (Amendment) and resolved to adopt the Amendment.  This report indicated that subject to Ministerial approval, further work would be undertaken to inform a potential future Planning Scheme Amendment process to address other matters identified by the Planning Panel.  These have also been requested by the Minister. Following the Council meeting the amendment was submitted to the Minister for consideration.

All landowners, occupiers and submitters to the Amendment were notified of Council’s decision. 

The Council Report about the Amendment, including the Council resolution, is available on our 2020 Council Meeting Agenda and Minutes page.

The Planning Panel released its report (PDF 2.3 MB) and considered Amendment C200 Part 2 to be well founded and strategically justified based on Council’s Precinct Heritage Study and its methodology. Before making a decision, Council was required to consider all matters and recommendations raised by the Panel.

All land owners and occupiers within the precinct will be notified of Council’s decision.

The Planning Panel hearing was held on 2, 3 and 5 September 2019 Brimbank Community and Civic Centre. 

Following the hearing the Panel reviewed all the submissions and materials presented and prepared its report. The Panel report records the considerations and recommendations of the Panel.

The role of a Panel report is to:

• Record the outcome of the public consultation process involving exhibition, submissions and Hearing
• Provide an independent assessment of the issues arising from that process
• Provide recommendations.

In line with Planning Panels Victoria’s requirements, information about the location of the hearing, and dates of the hearing were included on Council’s website.  This page also contained key documents used within the hearing, which have now been captured in the Planning Panel Report identified in the November 2019 update.

At its Ordinary Council Meeting of 21 May 2019, Council considered submissions to Planning Scheme Amendment C200.

Key parts of Council’s resolution are listed below. Please see the Council Report and attachments for the full resolution:

• Split Amendment C200 to the Brimbank Planning Scheme into two parts as follows:
  • Part 1 – 108 George Street, St Albans; 9, 11, 13, 15, 17 and 19 Whitty Street, Sunshine.
  • Part 2 – the Grand Junction Estate and Matthews Hill Precinct excluding 108 George Street, St Albans; 9, 11, 13, 15, 17 and 19 Whitty Street, Sunshine.

• Abandon Brimbank Planning Scheme Amendment C200 – Part 1, and notifies the Minister for Planning.
   
• Note the important role Half Houses played in the development of St Albans, and endorse the commissioning of a Half House Typological Study.
   
• Requests the Minister of Planning to appoint a Planning Panel to consider all submissions to Brimbank Planning Scheme Amendment C200 – Part Two, as at Attachment 2 to the [Council] report, with the exception of submissions 1 and 3 (which relate to 108 George Street, St Albans), in accordance with Section 153 of the Planning and Environment Act 1987.
   
• Request the Minister of Planning remove the properties at 9, 11, 13, 15, 17, 19 and 21 Whitty Street, Sunshine; 4-6 Servante Street, Sunshine; and 108 George Street, St Albans; from Brimbank Planning Scheme Amendment C202 (Interim Heritage Overlay), and provides a copy of the Brimbank Planning Scheme Amendment C200 Strategic Assessment Report, at Attachment 3 to the [Council] report, to support this request.

Council notified all submitters and landowners/occupiers parties of its decision on 30 May 2019.

For information about Planning Panels, please refer to Planning Panels Victoria’s FAQs.

Amendment Documents as exhibited:

• Brimbank C200 Notice of Preparation of Amendment Exhibition (PDF 314 KB)
• Brimbank C200 Explanatory Report Exhibition Final (PDF 359 KB)
• Brimbank C200 Instruction Sheet Exhibition Final (PDF 24 KB)
• Brimbank C200 43_01s_brim_track_changes Exhibition Final (PDF 127 KB)
• Brimbank C200 72_04s_brim_track_changes Exhibition Final (3.8 MB)
• Brimbank C200 Grand Junction Estate and Matthew’s Hill Precinct Statement of Significance Incorporated document Exhibition Final (2.8 MB)
• Brimbank C200 Incorporated Document - Half House, 108 George Street, St Albans Statement of Significance Exhibition Final (29 KB)
• C200 Grand Junction Estate and Matthews Hill Fact Sheet (PDF 754 KB)
• Brimbank C200 Grand Junction Estate and Matthew's Hill Precinct Heritage Study Exhibition (20 MB)
• C200 Brimbank Half Houses Assessment (PDF 3 MB)