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Macedon Ranges Planning Scheme Amendment C118 Gisborne and Kyneton Heritage Study

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Macedon Ranges Planning Scheme Amendment C118 Gisborne and Kyneton Heritage Study Planning and Environment Act 1987 Panel Report Macedon Ranges Planning Scheme Amendment C118 Gisborne and Kyneton Heritage Study 18 October 2018 Planning and Environment Act 1987 Panel Report pursuant to section 25 of the Act Macedon Ranges Planning Scheme Amendment C118 Gisborne and Kyneton Heritage Study 18 October 2018 Con Tsotsoros, Chair Macedon Ranges Planning Scheme Amendment C118 Panel Report 18 October 2018 Contents Page 1 Introduction ..............................................................................................................1 1.1 The Amendment ...................................................................................................... 1 1.2 Issues dealt with in this Report ............................................................................... 2 2 Planning context .......................................................................................................3 2.1 Planning policy framework ...................................................................................... 3 2.2 Heritage Overlay provisions .................................................................................... 3 2.3 Ministerial Directions and Practice Notes ............................................................... 4 2.4 Relevant studies and amendment .......................................................................... 5 3 Strategic justification ................................................................................................7 3.1 Policy support .......................................................................................................... 7 3.2 2017 Heritage Study approach ................................................................................ 7 3.3 Conclusions ............................................................................................................ 13 4 General issues ......................................................................................................... 14 4.1 Heritage Overlay mapping ..................................................................................... 14 4.2 MRRA requested changes ..................................................................................... 16 4.3 Other heritage classifications ................................................................................ 17 4.4 Property owner assistance .................................................................................... 18 4.5 Property value and insurance premium ................................................................ 19 5 Heritage places ....................................................................................................... 20 5.1 2 Cabbage Tree Lane, Gisborne (HO280) .............................................................. 20 5.2 59 Howey Street, Gisborne (HO281) ..................................................................... 23 5.3 64 Aitken Street, Gisborne (HO282) ...................................................................... 27 5.4 42 Fisher Street, Gisborne (HO284) ...................................................................... 29 5.5 46 Howey Street, Gisborne (HO286) ..................................................................... 31 5.6 60 Prince Street, Gisborne (HO298) ...................................................................... 34 5.7 New Gisborne Avenue of Honour (HO304) ........................................................... 36 5.8 5 Bowen Street, Kyneton (HO305) ........................................................................ 39 5.9 101 Pleasant Hill Road, Kyneton (HO313) ............................................................. 42 6 Drafting matters ..................................................................................................... 45 6.1 The issue ................................................................................................................ 45 6.2 Submissions ........................................................................................................... 45 6.3 Discussion .............................................................................................................. 46 6.4 Conclusions ............................................................................................................ 47 6.5 Recommendations................................................................................................. 48 Appendix A Document list Appendix B Panel recommended heritage citations Macedon Ranges Planning Scheme Amendment C118 Panel Report 18 October 2018 List of Tables Page Table 1: Exhibited heritage places and submissions received .............................................. 1 Table 2: 2017 Study – Part One places removed or added................................................... 7 Table 3: 2017 Study – Part Two places removed or added .................................................. 8 Table 4: MRRA response to specific heritage places .......................................................... 10 Table 5: MRRA requested changes to heritage places ....................................................... 16 List of Abbreviations 1994 Heritage Study Macedon Ranges Cultural Heritage and Landscape Study, Volume One, Recommendations, Trevor Budge & Associates Planners et al, June 1994 2017 Heritage Study Gisborne and Kyneton Heritage Study 2017, Ivar Nelson, December 2017, as adopted by Council the Act Planning and Environment Act 1987 DELWP Department of Environment, Land, Water and Planning HERCON National Heritage Convention Macedon Ranges Planning Scheme Amendment C118 Panel Report 18 October 2018 Overview Amendment summary The Amendment Macedon Ranges Planning Scheme Amendment C118 Brief description The Amendment proposes to implement the Gisborne and Kyneton Heritage Study 2017 recommendations by applying the Heritage Overlay to the 38 places in Gisborne, New Gisborne and Kyneton. Subject land 38 places, as shown in Table 1 Planning Authority Macedon Ranges Shire Council Authorisation A03711, 30 January 2018, subject to conditions Exhibition 22 March to 2 May 2018 Submissions Submissions were received from: 1. 59 Howey Street, Gisborne property owner 2. Irene Perkin 3. 2 Cabbage Tree Lane, Gisborne property owner 4. Department of Environment, Land, Water and Planning 5. Friends of Daly Nature Reserve 6. 42 Fisher Street, Gisborne property owners 7. 46 Howey Street, Gisborne property owners 8. 60 Prince Street, Gisborne property owner 9. National Trust of Australia (Victoria) 10. Helen Kalajdzic 11. Macedon Ranges Residents’ Association 12. 101 Pleasant Hill Road, Kyneton property owner Macedon Ranges Planning Scheme Amendment C118 Panel Report 18 October 2018 Panel process The Panel Con Tsotsoros Directions Hearing Gisborne, 20 August 2018 Panel Hearing Gisborne, 18 and 19 September 2018 Site inspections Unaccompanied, 20 August 2018 Appearances - Macedon Ranges Shire Council represented by Philip Schier who called expert evidence on heritage from Ivar Nelsen - 2 Cabbage Tree Lane, Gisborne property owner represented by Chris Banon of Banon Consultants Planning and Engineering - 42 Fisher Street, Gisborne property owner - Friends of Daly Nature Reserve represented by Amanda Gauci and John Phair - Helen Kalajdzic - 46 Howey Street, Gisborne, property owners - 59 Howey Street, Gisborne property owner - Macedon Ranges Residents’ Association represented by Christine Pruneau - 101 Pleasant Hill Road, Kyneton property owner represented by Andrea Tomkinson Citation Macedon Ranges PSA 118 [2018] PPV Date of this Report 18 October 2018 Macedon Ranges Planning Scheme Amendment C118 Panel Report 18 October 2018 Executive summary (i) Summary The Panel respecfully acknowledges the traditional land and waters of the Dja Dja Wurrung, Taungurung and Wurundjeri people in the broader Macedon Ranges region. Macedon Ranges Shire’s high elevation and temperate climate provides it with scenic landscapes, natural features and extensive woodlands. The Shire continues to exhibit some of Victoria’s earliest European settlements, including intact heritage towns, pastoral farms, and historic mansions and gardens. Historic towns such as Gisborne and Kyneton were established on historic transport and supply corridors between Melbourne and central and northern Victoria. These corridors were strengthened during the gold rush between 1850 and the 1860s. There have been previous heritage studies which have identify many heritage places worthy of further investigation. The Gisborne and Kyneton Heritage Study 2017, considered and built upon, places identified in previous heritage studies. Macedon Ranges Planning Scheme Amendment C118 (the Amendment) seeks to implement the Gisborne and Kyneton Heritage Study 2017 recommendations by applying the Heritage Overlay to the 38 places in Gisborne, New Gisborne and Kyneton. The Amendment was exhibited from 22 March to 2 May 2018 and received 12 submissions. Key issues raised in submissions included the heritage study approach such as site selection, accuracy and consistency with a previous heritage study. General issues included how the Heritage Overlay was mapped to farming homesteads, property owner assistance, property value, insurance premiums and land ownership. Issues specific to individual heritage places included whether there was sufficient local heritage significance to apply the Heritage Overlay, whether additional Heritage Overlay Schedule controls should be applied, and whether the heritage citation accurately
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