PLANNING PANELS VICTORIA Mornington Peninsula Shire Amendment C214 Heritage Overlay HO 421 The Avenue McCrae Precinct Subject site: 9 The Avenue McCrae Expert Heritage Report Prepared for Mr Nigel Tudor By Robyn Riddett Director Anthemion Consultancies POB18183 Collins Street East Melbourne 8003 Tel. +61 3 9495 6389 Email: [email protected] September 2018 No. 9 The Avenue, McCrae 1.0 Introduction 1. I have been instructed by Planning and Property Partners by letter dated 10 September, 2018, on behalf of Mr. Nigel Tudor, the owner of the above property, to prepare a statement of expert evidence which addresses the heritage merits relating to the proposed grading of the above property as “Contributory” and its inclusion in a Heritage Overlay i.e. HO 421, The Avenue McCrae Precinct as a consequence of Amendment C214. 2. I prepared a letter to the Mornington Peninsula Shire Council, dated 28 June, 2018 the contents of which form the body of this Statement. The letter drew attention to various aspects of the proposed precinct citation and in particular queries the basis for inclusion of No. 9 The Avenue, McCrae in the proposed precinct. This letter was considered by Council and the Minutes of the Planning Services Committee Meeting, Monday, 6 August 2018 record the following on pp. 12 – 14, viz.: One recommendation of the heritage consultant has been presented to Council officers within a week of the closing date for submissions – being the recommended removal of ‘The Avenue Precinct’ (41 properties within The Avenue, McCrae) from the amendment. Upon review of additional information received in submissions and in consideration of the extent of development change in the street (including the number of planning permit approvals and demolition approvals under the Building Act), the heritage consultant provided the following assessment and recommendation (6 July 2018): The Avenue Precinct was defined on the basis that of the 41 properties included within the boundary extent, that 21 were considered to be Contributory to the precinct. While there is no minimum percentage of Contributory properties that is recommended in any precinct, 50% is close to marginal. Since assessing The Avenue in 2014, nine properties have either been impacted or have current plans to impact the Precinct through demolition, alterations and additions and new buildings. Of those places, seven have demolition permits approved or suspended pending Amendment C124. [sic. i.e. C214?] Two demolition permits have been issued for adjacent Contributory properties at 17 and 19 The Avenue and two Non- contributory properties at 35 and 37 The Avenue. A further Non-contributory property at 28 The Avenue also has a demolition permit. Two demolition permits for contributory places have been applied for but a decision suspended whilst the amendment proceeds. While the demolition of Non-contributory properties may be permitted, the replacement buildings may not have been subject to the assessment processes for places within the Heritage Overlay. The result may be that the new buildings have some impact on the heritage values of The Avenue. The extent of change to The Avenue Precinct as a result of both planning permits and demolition permits issued is substantial. It is considered that the changes have caused the integrity of The Avenue Precinct to fall below the threshold of local significance on the basis that there are now too many places of Non-contributory status. It is recommended that The Avenue Precinct does not proceed to amendment. Anthemion Consultancies 1 9 The Avenue, PPV Statement of Evidence McCrae Council planning officers have also reviewed submissions in relation to The Avenue Precinct, and have undertaken a survey of planning and demolition applications and approvals, as well as several site visits to establish the extent of development and demolition undertaken in the street to date. Based on this information, the recommendation of heritage consultant to remove The Avenue Precinct from the amendment is supported by Council planning officers. The heritage consultants, as part of their review of The Avenue Precinct, considered whether there were individual places within The Avenue which still warranted inclusion in the Heritage Overlay. No. 16 and No.23 The Avenue were identified as worthy of further investigation to determine if these places would qualify for individual protection. Due to the timing of the amendment (the recent close of public exhibition) it is not practical to engage the heritage consultant to undertake what is estimated as 3-4 days of work to assess whether the significance of either property is to the extent to justify inclusion in the Heritage Overlay. Nor is there adequate time to ensure due process is followed, including the opportunity for public submissions. Council may consider that this work should be undertaken as part of Stage 3 or 4 of the Heritage Review. To date, The Avenue Precinct is the only proposed heritage place for which removal from the amendment is supported by Council officers, on the basis of expert advice and internal investigations. Recommended Council Position at Panel Hearing Council’s panel submission at the Panel Hearing will provide Council’s formal response and position in relation to all submissions received, and will also put forward changes to the amendment associated with clerical errors, corrections to citations, and removal of The Avenue Precinct from the amendment (if supported by Council). The response to the key issues raised in objecting submissions and forming the foundation of Council’s submission is: The proposed application of the Heritage Overlay stems from Stage 2 of the Heritage Review, which has been undertaken by experts in the field of heritage assessment under the supervision of Council officers; The amendment seeks to conserve significant local heritage for the benefit of the community; and The amendment is consistent with the relevant State and Local Planning Policy, and the objectives of Planning in Victoria. CONCLUSION Public exhibition of Amendment C214 has concluded and is ready to be progressed to the next stage of the amendment process. Submissions have been received which Council cannot resolve and therefore under the Act, it is required to request the Minister for Planning to appoint an Independent Panel for consideration of those submissions. Since authorisation of the amendment, some clerical errors in amendment documentation have been identified. Submissions received during public exhibition have also included information warranting updates to some place citations. Significantly, following a review of submissions and a survey of approved and pending development/demolition in The Avenue, McCrae – it has been found that the extent of change since the original heritage assessment (2014) has caused the Anthemion Consultancies 2 9 The Avenue, PPV Statement of Evidence McCrae integrity of The Avenue Precinct to fall below the threshold of local significance, and as such it is recommended by the heritage consultant and Council officers that The Avenue Precinct does not proceed under this amendment. [Emphasis added.] 3. The recommendation that “The Avenue Precinct does not proceed to amendment” was carried. 1.2 Reference Materials 4. I have read: Planning Panels Victoria. Guide to Expert Evidence. Victoria. Department of Environment. Land, Water and Planning. Applying the Heritage Overlay. Planning Practice Note 1. August, 2018. Context Pty Ltd. Mornington Peninsula Shire Heritage Review, Area 2 Volume 1 – Key Findings & Recommendations Final report 22 August 2016, revised September 2017. Context Pty Ltd. Mornington Peninsula Shire Heritage Review, Area 2 Volume 2 – Place and Precinct Citations Final report 22 August 2016, revised September 2017. 5. I have perused: Amendment C214 online at http://planningschemes.dpcd.vic.gov.au/updates-and- amendments/amendment?id=3AA2411EAB26CF3CCA25825900161939# 6. I have undertaken an inspection of the precinct from the street. 1.3 Qualifications and Expertise 7. I am a director of Anthemion Consultancies and am also an architectural historian, an interior designer and a heritage consultant. I am a graduate architect member of the Royal Australian Institute of Architects, was a Deputy Chair of the Institute’s (Victorian Chapter) Heritage Committee and a member of the AIA Awards Jury in the Conservation Section for the years 2000-01. I was at Lovell Chen, architects and heritage consultants for approximately 18 years and most of that time as an associate director. Within that practice and presently my responsibilities include the co-ordination and preparation of conservation management plans, heritage assessments, preparation of expert evidence, development of site interpretation and the restoration of historic interiors. 8. I am also a Past President of Australia ICOMOS (International Council on Monuments and Sites), previously the Secretary, of the ICOMOS International Scientific Committee on Risk Preparedness (ICORP) and presently the Treasurer; past Secretary-General of the ICOMOS Scientific Council; inaugural convenor of Blue Shield Australia and past member of the Board, and past Board member of Blue Shield (The Hague) and current Board member (Secretary) of AusHeritage. I am also a member of the Local Government Advisory Committee which is a committee of the Victorian Heritage Council. I have been a heritage adviser in Monash and Bayside and am presently a member of the Yarra Heritage Panel. In the past I have been a long-standing councillor of the National Trust of Australia (Vic.). 9. I have provided expert witness statements on similar matters on numerous occasions at Heritage Victoria, VCAT, the Building Appeals Board, independent panels and other similar forums on behalf of councils, objectors and developers. My Curriculum vitæ is appended. 1.3 Summary of Opinions 10. I see no justification for including No. 9 The Avenue McCrae in the, or any, proposed heritage precinct. A Heritage Overlay is not warranted or supported in respect of No. 9 The Avenue, McCrae, as the place is not of sufficient significance. Anthemion Consultancies 3 9 The Avenue, PPV Statement of Evidence McCrae 11.