Aboriginal cultural heritage overlay- Glen Waverley-Melbourne

Discussion in 'Development' started by James Baker, 7th Dec, 2018.

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  1. James Baker

    James Baker Well-Known Member

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    Hi there

    I have been offered an off market property in Glen Waverley, Melbourne Which has an Aboriginal cultural heritage overlay

    As it’s a corner plot, I think I can get away with constructing 3 townhouses , but that would trigger the requirements under the above overlay

    Any idea how difficult it is to get the approval under the same , the delays I can expect, the costs involved or any other pitfalls
    How much rebate should I ask to compensate me for the above

    Cheers
     
  2. Marg4000

    Marg4000 Well-Known Member

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    Why is it being offered off market?

    Surely any seller wants the best price possible and advertises a property for sale.

    Maybe the heritage overlay is a big problem and will limit what can be built? Investigate carefully.
    Marg
     
  3. Tufan Chakir

    Tufan Chakir Well-Known Member

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    The Overlay refers (usually) to land within 200m of a water course, lake etc. So question 1 - how close is the water feature - if you are just on the edge of the threshold it's easier.
    Question 2 - what is the extent of "significant disturbance" of the site - ie, house? retaining walls?
    VCAT has half that a "normal" suburban block will have been "significantly disturbed" - footings, trenches, pacing etc etc over the years. "Significant disturbance" (a planning term, don't get confused, is one of the "out" by which a CHMP can be avoided.
    With proper investigation it may not be a problem at all..... Say "heritage" or "Cultural heritage" and people are scared...but often there is no cause to be.
     
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  4. James Baker

    James Baker Well-Known Member

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    It is about 50 metres only from a water course but a 3 bedroom house, a garage and boundary wall has been made which covers nearly half the property

    Cheers
     
  5. James Baker

    James Baker Well-Known Member

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    Also would it require to go to Vcat to get the exemption from the CHMP ?

    Cheers
     
  6. Tufan Chakir

    Tufan Chakir Well-Known Member

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    No, but will require a submission to the Council to confirm that they cannot require a CHMP. There will, no doubt be reluctance on their part to relinquish "control" but it sounds like you won't need a CHMP
    Get some good quality planning advice (from a planner, not a designer)
     
  7. Candlebark

    Candlebark Well-Known Member

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    If the site is smaller than 1100sqm and the are of Cultural Heritage is associated with a creek or waterway (not cultural heritage on the actual site itself) it is almost certainly exempt from requiring a CHMP.
    This is a general exemption based on lot size that doesn't apply to properties within 200m of The River Murray or the Coast.
     
  8. James Baker

    James Baker Well-Known Member

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    Any documents available confirming the same ?

    Cheers
     
  9. James Cavill

    James Cavill Well-Known Member

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    Location:
    Victoria
    You can check the Aboriginal Heritage Regulations 2018 and the Aboriginal Heritage Act 2006 for further information. The regulations should detail 'areas of cultural heritage significance', 'high impact activities' and exempt activities.
    Alternatively, you can use this tool. Activities Questionaire - Page 1