Planning for Growth - Reports

5.3

Ordinary Meeting - 12 October 2016

11 HALL STREET, EAGLEHAWK 3556 - DEMOLITION OF

DWELLING AND OUTBUILDINGS

Document Information
Author

Lachlan Forsyth, Statutory Planner

Responsible
Director

Bernie O'Sullivan, Director Strategy & Growth

Summary/Purpose
Application details:

Demolition of dwelling and outbuildings

Application No:

DD/300/2016

Applicant:

Shane Muir Consulting Engineers Pty Ltd

Land:

11 Hall Street, EAGLEHAWK 3556

Zoning:

General Residential Zone

Overlays:

Heritage Overlay 21

No. of objections:

Consultation
meeting:

Not applicable

Key considerations:

Would the proposed demolition have an adverse impact on

the significance and appearance of the heritage place?

Conclusion:

The proposed demolition of an original heritage building is an

unacceptable heritage outcome which is at odds with
Councils Heritage Policy (Clause 22.06) and the Heritage
Overlay (Clause 43.01). No permit should be issued.

Policy Context
City of Greater Bendigo Council Plan 2013 2017 (2016-2017 Update)
Planning for Growth
Planning ensures residents have access to diverse, affordable and sustainable
housing choices.
Presentation & Vibrancy
Greater Bendigo is a community that values its heritage, arts facilities and major
events and supports arts and cultural experiences.
Sustainability
The built and natural qualities that make Greater Bendigo an attractive and appealing
place are valued and conserved.
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Ordinary Meeting - 12 October 2016

Background Information
There is no relevant planning permit history for the site. A detailed history of the property
and the structural integrity of the building are outlined in the attached report from Minerva
Heritage.
Report
Subject Site and Surrounds
The subject site is a generally rectangular shaped lot, located on the southern side of
Hall Street, approximately midway between Market and Catherine Streets, Eaglehawk.
The site sits directly opposite the Eaglehawk Railway Station and next to the Railway
Station Hotel.
The property has a 24 metre wide frontage, an average depth of 47 metres and a total
area of 987m.
An original weatherboard miners cottage is located at the front of the site. Historic
records indicate this cottage was constructed circa 1876/77, which predates the
formation of Hall Street and construction of the Railway Station Hotel.
The front section of the cottage is structurally sound and is clearly recognisable as an
early miners cottage. The rear of the cottage contains no floor and is in need of
substantial repair, although its original form is generally intact.
A thorough assessment of the buildings condition is detailed in the attached independent
heritage assessment and condition report conducted by Minerva Heritage. This report
was commissioned by the Applicant and submitted with the application. The report
concludes that the structure itself, particularly the front gable section, is basically sound
with conditions deteriorating to the rear.
The rear of the site contains an outbuilding clad in cement sheeting with an attached
carport, two sheds and a large aviary. None of these structures hold heritage
significance. An old mine shaft and poppet head exist in the front yard of the cottage.
Surrounding land uses are residential in nature except for the hotel next door and the
railway station.

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Ordinary Meeting - 12 October 2016

Figure 1: Location map showing subject site.

The subject building forms part of the Eaglehawk Railway Station Precinct which lists
Hall Street, Market Street and Peg leg Road as contributory streets (Eaglehawk and
Bendigo Heritage Study 1993 Precinct 3.01).
The Citys Heritage Advisor has also emphasised the importance of the building and the
Hall Street streetscape in stating:
The house is highly visible from the Eaglehawk Railway Precinct and, together with the
three houses from a similar date on the opposite side of the hotel, is important in helping
to establish the historic character of the Peg Leg and Railway Precincts.

Figure 2: View of building from Hall Street.

Proposal
The applicant proposes to demolish all buildings on the land.
No replacement buildings were proposed as part of this application.

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Planning for Growth - Reports

Ordinary Meeting - 12 October 2016

Planning Controls - Greater Bendigo Planning Scheme

The following clauses are relevant in the consideration of this proposal:
State Planning Policy Framework

15.03 Heritage

Municipal Strategic Statement

21.08-3 Strategies (Heritage)

Local Planning Policies

22.06 Heritage Policy

Overlays
43.01 Heritage Overlay
Other Provisions

65 Decision guidelines
81.01 Incorporated documents (Heritage Design Guidelines, August 2015)

Permit trigger

Clause 43.01 Heritage Overlay: Demolition of a building.

Overview of relevant Planning Scheme policy

State policy at Clause 15.03 (Heritage) seeks to ensure places of heritage significance
are protected and conserved. Key strategies to achieve this include:
Provide for the conservation and enhancement of those places which are of,
aesthetic, archaeological, architectural, cultural, scientific, or social significance, or
otherwise of special cultural value.
Retain those elements that contribute to the importance of the heritage place.
Councils Heritage policy at Clause 22.06 builds on the MSSs recognition of the
importance of heritage to the wider community and the need for policy guidance on
demolition and development of heritage sites.
The most relevant objectives of the policy are:
To retain heritage assets for the enjoyment, education and experience of residents,
visitors and future generations of the municipality.
To encourage the preservation, maintenance, restoration and where appropriate,
reconstruction of heritage places.
Specific policy guidance has been developed for demolition, with the following most
relevant for this case:
Encourage the retention of a significant or contributory heritage building or place
unless it is structurally unsound and beyond repair.

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Encourage the retention of original elements that contribute to the significance of a

heritage place including but not limited to windows, doors, chimneys, verandahs,
shopfronts, fences, outbuildings and trees.
Encourage the retention of the three dimensional form when considering any
application for the partial removal of a building; retention of the faade only is not
supported.

Protection of the Peg Leg Heritage Precinct is provided under Heritage Overlay Schedule
21.
The most relevant purposes of Clause 43.01 Heritage Overlay are:
To conserve and enhance heritage places of natural or cultural significance,
To conserve and enhance those elements which contribute to the significance of
heritage places.
The decision guidelines of the Heritage Overlay reflect this, with the most relevant being
the following:
Whether the demolition, removal or external alteration will adversely affect the
significance of the heritage place.
Consultation/Communication
Referrals
The following internal department has been consulted on the proposal:
Referral

Comment

City of Greater Bendigo Heritage Advisor

Demolition not supported.

Public Notification
Notification of the application was given by erecting notice boards on the Hall Street
frontage of the land and by sending letters to adjoining land owners and occupiers.
As a result of advertising, no objections were received.
Planning Assessment
Would the proposed demolition have an adverse impact on the significance and
appearance of the heritage place?
The major question raised by this application is whether removal of the original miners
cottage would negatively affect the significance and appearance of the heritage place.
As identified earlier in this report, there is strong policy support in the Planning Scheme
to conserve heritage buildings and to discourage demolition of heritage fabric.

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Ordinary Meeting - 12 October 2016

In the case at hand, it is agreed that the outbuildings hold no heritage importance and
that the rear of the cottage is in poor condition and is in need of significant repair works.
It is of particular note that the applicants independent heritage report identifies that the
original front section of the cottage is structurally sound and could be successfully
restored.
The proposal to wholly demolish the cottage rather than to restore it is not consistent with
the purpose or decision guidelines of the Heritage Overlay. This is also at odds with the
policy objectives of Clause 15.03 and 22.06.
The Citys Heritage Advisor agrees with this position and has recommended that the
demolition should not be supported. The following excerpt taken from the Heritage
Advisors report:
The front section of the house is critical in establishing the age of the precinct and
the existence of a miners right cottage on this siteDemolition is not supported
The Citys Heritage Design Guidelines 2015 also discourage standalone demolition
applications. The guidelines state that all demolition applications must be submitted with
replacement designs. Again it is noted that no replacement designs have been submitted
in support of this application.
The most appropriate outcome would be to restore the front section of the cottage and to
renovate the rear with an appropriately designed extension to make the building liveable.
The Citys Heritage Advisor and the Planning Department support this approach and
have encouraged the owner to pursue this.
The applicant has advised that the owner is not willing to undertake repairs as their
intention is to raze the site and sell the land.
With consideration of the relevant policy outlined above and the purpose and decision
guidelines of the Heritage Overlay, the proposal is not supported.
Conclusion
Complete demolition without replacement is not supported by policy and is at odds with
the purpose and decision guidelines of the Heritage Overlay. The proposal will have an
adverse impact on the significance and appearance of the heritage place. Given this, it is
recommended that the application be refused.
Options
Council, acting as the responsible authority for administering the Planning Scheme, may
resolve to: refuse to grant a permit, grant a permit or grant a permit with conditions.
Attachments

City of Greater Bendigo Heritage Advisor report

Independent heritage and condition report (Minerva Heritage - July 2016)

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Planning for Growth - Reports

Ordinary Meeting - 12 October 2016

RECOMMENDATION
Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo
City Council resolve to issue a Notice of Refusal to Grant a Permit for demolition of the
dwelling and outbuildings at 11 Hall Street, EAGLEHAWK 3556 on the following
grounds:
1. The proposal is contrary to Clause 15.03, Clause 22.06 and the purpose and decision
guidelines of Clause 43.01 (Heritage Overlay) of the Greater Bendigo Planning
Scheme as the proposed demolition will have a substantially adverse impact on the
significance and appearance of the heritage place.

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