Advice on removing an Heritage Overlay

Viewing 4 posts - 1 through 4 (of 4 total)

Trying Investor
Participant
@trying-investor
Join Date: 2010
Post Count: 2
September 11, 2011 - 4:56 am
Hello All,
I currently have an investment property which has a heritage overlay. I am wanting to know if it is possible to remove the overlay. I know that i must contact the council but I am hoping that someone has gone thru this process and if they were successful in doing so.
Look forward to hearing you from you.

Thank you
Breece
Participant
@breece
Join Date: 2011
Post Count: 43
September 11, 2011 - 5:49 am
Hi Trying investor,
You cannot simply remove a Heritage Overlay, unless there are some extenuating circumstances, such as an 'untimely house fire' that has destroyed the property that related to the site specific Heritage Overlay. If however, your property is under a precinct-wide Heritage Overlay, there is little to no chance of having it removed.
The good news is that you can generally work with your Architect and Town Planning Consultant to discuss your opportunities and constraints for development with Council's planning and heritage officers.
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Cheers,
Breece

Scott No Mates
Participant
@scott-no-mates
Join Date: 2005
Post Count: 3,856
September 11, 2011 - 10:12 pm
I have found that in some conservation areas houses which are non-conforming to the requirements actually sell for less than a conforming house. That is why people buy into an area not to buy a newer house which has all the modcons but none of the charm/features of the older places.
christianb
Participant
@christianb
Join Date: 2009
Post Count: 386
September 13, 2011 - 6:31 am
We handle a number of projects within heritage overlays. Breece is quite right in suggesting that a precinct-wide heritage overlay need not necessarily preclude development of one sort or another. If the overlay is specific to the property that can be far more restrictive, but again not necessarily the end of the road.
Technically speaking an overlay can be altered or removed, but in practical terms in is not possible. Your best opportunities then rely on working with the municipal planners to agree to a concept that will get the result you want whilst maintaining the heritage values the overlay is designed to protect. It's not always possible, and the degree to which you may need to compromise may be too much, but it may also be worth the effort.