Planning and Environment Act 1987

MANSFIELD PLANNING SCHEME

AMENDMENT C39

EXPLANATORY REPORT

Who is the planning authority? This Amendment has been prepared by the Mansfield Shire Council, which is the planning authority for this amendment.

The Amendment has been made at the request of Mansfield Shire Council.

Land affected by the Amendment The Amendment affects 32 heritage places in Jamieson and Mansfield townships as described in the tables below:

Jamieson Heritage Place Address Land Parcel Overlay Ref Diggers Exchange 27-29 Bank Street, Jamieson Crown Allotment 2, Section 9 HO51 Hotel Township of Jamieson Colonial Bank / 39 Bank Street, Jamieson Crown Allotments 6, 7, 8 & 9 HO52 Duck Inn Section 9, Township of Jamieson Memorial Hall 15 Perkins Street, Jamieson Lot 1 TP659175 HO53 Post Office 20 Perkins Street, Jamieson Crown Allotment 1 Section 11, HO54 Township of Jamieson Primary School 1 The Sideling, Jamieson Crown Allotments 1, 2, 3 & 4 HO55 Section 3 Township of Jamieson School Residence 5 The Sideling, Jamieson Crown Allotment 5 HO56 Section 3 Township of Jamieson

Mansfield

Heritage Place Address Land Parcel Overlay

Ref

Alzburg Comfort 39 Malcolm Street, Mansfield Lot A PS545668 HO3 Resort (previously Convent of Mercy and Sacred Heart College) Mansfield

Heritage Place Address Land Parcel Overlay

Ref

Mechanics’ Institute 64-66 Ailsa Street, Mansfield Crown Allotment 2A Section 2 HO4 and Lot 1 TP762866

Herbert John High Street median strip, HO5 Goodman Memorial Mansfield (east of Highett Street roundabout)

Memorial Trough High Street median strip HO6 (east of Highett Street roundabout)

Samuel Reynolds High Street median strip HO7 MD Memorial (near intersection of Highett Street)

Former Farmers’ 149 High Street, Mansfield Lot 1 LP148314 HO8 Bank

Former Sartain 105-111 High Street, Lot 1 PS349193 HO9 Building Mansfield

Former Mansfield 99-103 High Street, Lot 2 PS316494 HO10 Men’s Club Mansfield

Delatite Hotel 95-97 High Street, Mansfield Lot 1 PS316494 HO11

Former Cahn’s Shop 91 High Street, Mansfield Lot 1 LP77919 HO12

Commercial Hotel 83 High Street, Mansfield Lot 1 PS618344 HO13

Davies Building 47-51, 53 and 55 High Street, Lot 1 TP121898, HO14 Mansfield Lot 1 TP695078, and

Lot 1 TP839934

McKenzie’s Building 50 and 52 High Street, Lots 9 & 10 PS723001 HO15 Mansfield

National Australia 76 High Street, Mansfield Lot 1 TP513763 HO16 Bank

Mansfield Hotel 86 High Street, Mansfield Lot 1 PS421098 HO17

Mansfield Post 90 High Street, Mansfield Crown Allotment 1A, Section HO18 Office 32, TP526227

Crown Allotment 59A Mansfield Saw Dust Kilns (3) 1. 177 High Street, Mansfield HO19 (Maroondah Highway) Mansfield

Heritage Place Address Land Parcel Overlay

Ref

Lot 1 TP532150 2. Walker Street, Mansfield

Lot 23 LP2044 3. Walker Street, Mansfield

War Memorial Gates Highett Street (entry to Crown Allotment 13 , Section HO20 Mansfield Recreation 32, Mansfield Reserve)

McMillan’s Store 23 Highett Street, Mansfield Lot 6 PS414402 HO21

Tavistock House 1/93 High Street, Mansfield Lot 1 PS639384 HO22

24F Highett Street, Mansfield Lot 2 PS634525

Masonic Hall 26 Highett Street, Mansfield Lot 1 TP420433 and Lot 1 HO23 TP389485

Fire Station 28 Highett Street, Mansfield Lot 1 TP674826 HO24

RSL Hall 30 Highett Street, Mansfield Lot 1 TP372441 HO25

Former Carinya 190 Mt Buller Road, Lot 1 PS613680 HO26 (Amors Home, Mansfield Magnolia)

The amendment also affects the existing heritage places at Howqua United Gold Treatment Works Howqua Track , Howqua Historic Reserve, Sheepyard Flat, Howqua (existing HO35) and the Former Court House and Stables, Nash Street, Jamieson (existing HO29).

What the amendment does The amendment applies the Heritage Overlay to 32 places in Mansfield and Jamieson townships identified in the Shire of Mansfield Stage One Heritage Survey, 10 June 2015 (the Heritage Survey) as being of local heritage significance.

The amendment:

 Amends Planning Scheme Maps Nos 11HO, 12HO (Mansfield) and 26HO (Jamieson) to apply the Heritage Overlay to 32 individual places of local heritage significance.  Amends Clause 21.04 – Heritage and Character to insert the Heritage Survey as a reference document in the planning scheme;  Amends the Schedule to Clause 43.01 Heritage Overlay to insert 32 new heritage places as recommended in the Heritage Survey, corrects the description of HO35, and specifies that only stables in HO29 are not exempt outbuildings or fences under Clause 43.01-3. Strategic assessment of the amendment

Why is the Amendment required? The amendment is required to:  Apply the Heritage Overlay to protect 32 identified heritage places in the Mansfield Shire and insert those places in the Schedule to the Heritage Overlay.  Insert the Heritage Survey as a reference document in the Local Planning Policy Framework (Clause 21.04).  Make corrections and formatting changes to the Schedule to Clause 43.01. Heritage Victoria provided funding for the Heritage Survey, which researched a discrete number of heritage places in Mansfield and Jamieson. The Heritage Survey is a first step in identifying the Shire’s heritage and outlines each place’s history and heritage significance. Heritage Victoria accepts the methodology used in the Heritage Survey. However, the Heritage Survey does not comprehensively close the current gaps in Mansfield Shire’s heritage knowledge. A further heritage study is required to provide additional analysis of each place’s heritage significance and its comparative value amongst similar buildings within the district, region, state or nationally. Further strategic work is required to resolve the following issues identified in Clause 21.03-4:  A lack of documentation and research information to explain the history of Mansfield, including the age and significance of some of the key buildings,  The lack of identification of Mansfield Shire’s heritage assets,  The tourism and economic potential of Mansfield Shire’s heritage, and  The importance of the heritage values of the Big and Howqua Rivers.

How does the Amendment implement the objectives of planning in Victoria? The Amendment implements the objectives in section 4(1)(d) of the Planning and Environment Act 1987; ‘to provide for the conservation and enhancement of those buildings, areas or other places which are of scientific, aesthetic, architectural or historic interest, or otherwise of special cultural value’, and in section 4(1)(g) to balance the present and future interests of all Victorians. The Amendment provides statutory protection for identified heritage places and requires careful consideration of any future works to these places. This is crucial as historic places are physical evidence and links to Mansfield and Jamieson’s past which contributes to the attractiveness of Mansfield Shire and aids its economic and cultural wellbeing and the vibrancy of street life.

How does the Amendment address any environmental, social and economic effects? Environmental effects: The Amendment will not have any detrimental effects on the environment. The protection of heritage places will achieve sustainable development through the retention of existing infrastructure and resources and reduced demand for new construction materials. The Amendment makes a significant contribution to the built environment of Mansfield Shire by conserving heritage places. Social and economic effects: The Amendment will have positive social and economic benefits for landowners, Mansfield Shire Council and the community by:  Contributing to the general understanding of cultural history in the Mansfield Shire.  Recognising the positive contribution that historically significant places make to Mansfield Shire.  Creating a sense of place and cultural identity by protecting the built environment and heritage of the Jamieson and Mansfield Townships. There are 32 new heritage places protected by amendment. This is in addition to the current 31 places listed in the Schedule to the Heritage Overlay in the Mansfield Planning Scheme. Those 31 places were protected through the Delatite Planning Scheme in 1999, when the Victoria Planning Provisions were first introduced. Although the conservation of heritage values may impose some obligations and costs to landowners, protecting the heritage character of buildings can have positive economic benefits for landowners and the area in general. Applying the Heritage Overlay does not prohibit development or works to a building or site. The overlay requires planning permit to demolish or develop the heritage place and requires the protection of heritage values. Potentially, the conservation of heritage places can benefit the tourism industry through increased number of visitors to the Shire.

Does the Amendment address relevant bushfire risk? The heritage places in Jamieson and the three Saw Dust Kilns are in a Bushfire Prone Area. The Bushfire Management Overlay was recently applied to the heritage places in Jamieson through Amendment GC13. The Amendment will not result in an increase in bushfire risk as applying the heritage overlay does not exempt future development from addressing bushfire risk. The amendment will not increase the risk to life, property, community infrastructure, or the natural environment from bushfire.

Does the Amendment comply with the requirements of any Minister’s Direction applicable to the amendment? The Amendment is consistent with Minister’s Direction No. 11 Strategic Assessment of Amendments, under section 12 of the Act, and complies with the Ministerial Direction on the Form and Content of Planning Schemes under section 7(5).

How does the Amendment support or implement the State Planning Policy Framework and any adopted State policy? Amendment C39 implements the following State Planning Policy Framework objectives and strategies:  Clause 11.07-1 Regional Planning, specifically principles Environmental health and productivity (to avoid development impacts on land with cultural heritage values). and Distinct and diverse regional settlements (to encourage high quality urban and architectural design which respects the heritage of a settlement).  Clause 11.12 Hume, specifically Clauses 11.12-1 (A Diversified Economy) and 11.12-2 (Environmental Assets) to protect heritage assets and maximise the regional benefit from them.  Clause 15.01-1 Urban Design by requiring development of the identified heritage places to respond to its cultural heritage value.  Clause 15.01-3 Neighbourhood and Subdivision Design to create a strong sense of place by encouraging neighbourhood development which emphasises with existing cultural heritage values.  Clause 15.01-5 Cultural Identity and Neighbourhood Character to recognise and protect cultural identity, neighbourhood character and sense of place.  Clause 15.03 Heritage to conserve places of heritage significance. Specifically to: - Document places of cultural heritage significance. - Encourage appropriate development that respects places with identified heritage values,. - Retaining elements that contribute to the importance of the heritage place. - Ensuring an appropriate setting and context for heritage places is maintained or enhanced. Amendment C39 supports these State policies by identifying and protecting places of local cultural heritage significance in the Mansfield and Jamieson townships.

How does the amendment support or implement the Local Planning Policy Framework, and specifically the Municipal Strategic Statement? Clause 21.01 (Municipal Profile) identifies the protection of European and Aboriginal heritage as a key planning issue for the Shire. The Amendment addresses this key issue and supports and implements the following local planning policies of the Local Planning Policy Framework (LPPF):  Clause 21.04 Heritage and character to ensure all known and potential heritage buildings and places are protected. The Shire is rich in cultural and built heritage. The character of Mansfield is liked to its heritage, expressed in extant original buildings, including the central retail area of High Street as well as less obvious residential buildings. There are gaps in the knowledge of the Shire’s heritage assets, particularly in rural areas and smaller settlements. The Amendment protects a limited number of heritage places in the Shire as identified in the Heritage Survey by applying the HO to these places. A further heritage study is needed to document and research the extant built heritage of the Shire.  Clause 21.09 Mansfield township Objective 3 (Settlement, housing and character) to encourage development that respects the unique character and location of Mansfield Township and protects areas of cultural significance. Specifically this Amendment implements the Mansfield Heritage Survey and provides appropriate statutory protection for places of heritage significance. The Amendment implements the strategies of the LPPF. It also seeks to support the need for “better protection for the Shire’s heritage buildings through heritage overlays, particularly in small towns such as Jamieson” which was highlighted in the review of the Council Plan adopted on 28 June 2016.

Does the amendment make proper use of the Victoria Planning Provisions? The Heritage Overlay is the most appropriate Victoria Planning Provisions (VPP) tool to protect and conserve the heritage places identified in this Amendment. The Amendment was prepared in accordance with the VPP Practice Note titled ‘Applying the Heritage Overlay, September 2012’.

How does the amendment address the views of any relevant agency? The Department of Education and Training (DEET), VicRoads and the Crown Land Unit of the Department of Environment, Land, Water and Planning (DELWP) were consulted in the preparation of the Amendment. DEET had no objections to the Heritage Overlay being applied to Jamieson Primary School and its related buildings, and affirmed the Department’s commitment to preserving and respecting Victorian heritage. VicRoads noted that the Heritage Overlay applied to small areas within the road reserve that were localised around heritage features and supported the amendment. Does the amendment address relevant requirements of the Transport Integration Act 2010? The Amendment will not have an adverse impact on the transport system. Several heritage places in this amendment have the Heritage Overlay coverage extending into Road Zone 1 to ensure the heritage protection is extended over a verandah. This is to ensure that if any future use and/ or development results in an impact on maintenance or changes to the transport system (physical and labour components), that the impact of the future use and/ or development on the various components of the transport system will be considered.

Resource and administrative costs

 What impact will the new planning provisions have on the resource and administrative costs of the responsible authority? The Amendment creates additional triggers for a planning permit for any buildings, works or demolition of the identified heritage places. Administering the heritage controls will not create an unreasonable burden on the resource and administrative costs to council as the responsible authority.

Where you may inspect this Amendment The Amendment is available for public inspection, free of charge, during office hours at the following places:

Mansfield Shire Council 33 Highett Street, Mansfield.

The Amendment can also be inspected free of charge at the Department of Environment, Land, Water and Planning website at www.planning.vic.gov.au/public-inspection.