▪ TITLE PLAN
▪ PRIVATE SALE CLOSING FORM
▪ ZONING AND PLANNING OVERLAYS
01 POINT OF INTEREST
17 HALL STREET, NEWPORT.
BUILDING AREA
LAND AREA
300 sqm*
382 sqm*
ZONING Commercial 1 Zone — (C1Z)
METHOD OF SALE
SALE TERMS
Private Sale closing Thursday 2nd October 2025 at 12pm
10% deposit, balance 60/90 days
02 POINT OF VIEW
This is a wonderful retail 350 sqm* building & freehold investment featuring a marquee position right out the front of Newport railway station.
Fully leased across two tenancies with with a combined income of $88,000 per annum, and exceptional and recent fit outs, this is one for investors to acquire and place in the bottom draw.
Both tenancies commenced their leases earlier this year with decent current lease terms, options and annual increases.
Total building area: 350 sqm*.
Freehold title: 382 sqm* of commercial 1 zoning.
Currently leased to 2 tenants: Cafe & Pilates Studio.
3 allocated car spaces at the rear with right-of-way access.
Combined income: $88,000 per annum.
"With a marquee position right at the doors of Newport railway station, this freehold investment offers the ultimate set-and-forget security. Fully leased across two tenancies generating $88,000 per annum, both with quality fit-outs and fresh lease terms, it’s a property that delivers income certainty today with development potential for tomorrow."
JOHN NOCKLES DIRECTOR - AGENCY
“Anchored by a cult-followed café downstairs and a long-standing Pilates studio upstairs, this property thrives within Newport’s buzzing hospitality and wellness strip. Add to that three rear car spaces, commercial zoning, and a location that catches the eye of thousands of commuters daily, and you’ve got an investment with both immediate appeal and longterm upside”
DOMENIC SGAMBELLONE SENIOR PROPERTY EXECUTIVE - WESTERN REGION
03 PROPERTY FEATURES
IMPROVEMENTS
GROUND FLOOR
The property’s ground floor retail space of 190 sqm* is currently fitted out as a large hospitality venue with an impeccable fit out to match the food. Currently leased to Thunder Eatery & Cafe for $55,000 per annum, it has created a cult following from the local community. A bonus - A current liquor license that goes with the premises.
FIRST FLOOR
A further 110 sqm* is upstairs on the first floor that features separate access, amenities and metering. Currently leased to Silverback Pilates Studio for $33,000 per annum who have been in the Street for many years and offer group Pilates classes, infrared sauna & wellbeing & Pilates courses. This space features a considerable fit out that will wow the most discerning of investors.
03 PROPERTY FEATURES
IMPROVEMENTS
The 382 sqm* of Newport land area sits on Commercial 1 zoning, lending itself to future development potential whilst sitting directly across from the Newport railway station and amongst the suburb’s retail and hospitality hot spots.
Anchored by The Junction Hotel next door, the strip sees a full house from 5 pm on Fridays, Saturdays and Sundays. Littered with a string of barbers, beauty therapists, hair salons, local wine stores, and yoga studios, Hall Street is the destination meeting point, while Newport is a busier-than-the-standard railway station thanks to the Werribee and Williamstown lines.
CAR SPACES
3 car spaces at the rear.
04 TENANCY SCHEDULE
01 TENANT: Global Taste & Beauty Pty Ltd T/A Thunder Eatery
02
05
FIRST FLOOR
01 TENANT: Silverback Studios Pty Ltd T/A Silverback Pilates
02
05 LOCATION
ALL SIGNS POINT TO: 17 HALL STREET, NEWPORT.
Just before the Melbourne Road roundabout, opposite Newport railway station, you can’t miss it — number 17 sits tall amongst the other bustling hospitality and retail pillars. Littered with a string of barbers, beauty therapists, hair salons, local wine stores, and yoga studios, Hall Street is the local destination for any service. The goods are here too, though. Hawkers Lane serves Malaysian, Pango dishes brunch and modern Australian, The Fifth Wine Bar pours the vino, and Junction Hotel is on the pints — and sees a full house from 5 pm on Fridays, Saturdays and Sundays.
A little further down the road is another beloved strip in Spotswood. From dentists to vets, bike repairs to locksmiths, Hudsons Road offers everything a suburb (or nearby block) could need to thrive. There are also visitors here beyond the West. The Scienceworks is a major family attraction, including the adjoining food truck venue Grazeland.
Newport is a busier-than-the-standard railway station thanks to the fact that it services the Werribee and Williamstown lines. Buses also surround the building, with routes heading down Mason Street, North Road, and Melbourne Road. For those behind the wheel, the West Gate Freeway is merely 2 km* down the road and can get you into the CBD in under 20 minutes.
AND THE POINT?
Centralised. Connected. Convenient.
A building catching glances from train commuters heading to and from the station, and those looking out the carriage window. This billboard is already providing a generous streetscape, while only increasing in value.
06 SUBURB PROFILE
ON THE MAP: NEWPORT.
The size of Newport is approximately 5.2 square kilometres. It has 22 parks covering nearly 15.4 of total area.
A suburb that attracted a strong railway network as early as 1859, Newport has always heralded connection infrastructure as a priority to service its people and workers. The median age of those who live here sits at 38 with a weekly household income of $2,657. They’re working primarily in hospitals, tech or IT, higher education, state government roles, or banking.
Residential and commercial property continues to rise in value. This has also seen rental prices increase by 15% for homes and 11.3% in units or apartments over the past 12 months, whilst the price to buy a home has remained at a steady $1.23 million median rate.
“People are slowly cottoning on to Newport’s charms, but it’s still rather a secret. Less expensive and snooty than Williamstown, less yuppy than Yarraville, it’s the happy median that’s attracting young families like honey. Offers a glorious outdoor lifestyle still within easy reach of the CBD.”
-
Oria P from Homely.
POPULATION
07 PROPERTY PARTICULARS
PRINCIPLE OUTGOINGS
Council rates: $7,760 per annum*
Water rates: $984 per annum*
Building insurance: TBC
Land tax: $3,594 per annum*
SITE DETAILS
TITLE PARTICULARS
ZONING
PLANNING OVERLAYS
Frontage to Hall Street: 9.83 metres*
Western side boundary: 33.41 metres*
Eastern side boundary: 33.42 metres*
Southern side boundary: 9.83 metres*
Total site area: 328.20 square metres*
Certificate of Title — Volume 07914 Folio 040
Lot 4 & 5 on Plan of Subdivision 025838
Commercial 1 Zone (C1Z)
Heritage Overlay (HO22)
MUNICIPALITY
City of Hobsons Bay
08 INDICATIVE FUNDING SCENARIO
09 CONTACT DETAILS
JOHN NOCKLES DIRECTOR - AGENCY
M: 0404 530 393
E: john.nockles@cva.melbourne
E: domenic.sgambellone@cva.melbourne
POINT OF INTEREST:
With over 15 years of experience in Melbourne’s commercial real estate market, John has witnessed and embraced the city’s evolving property landscape. Known for bringing a lateral mindset to a traditionally linear industry, he approaches each opportunity by focusing not just on what has been done, but on what’s possible. This forward-thinking perspective aligns with Melbourne’s unique commercial character, where innovation and creativity extend well beyond St Kilda Road.
POINT OF VIEW:
“Traditionally, Melbourne’s commercial property market has been driven by clear-cut financial logic. But with rising land values and evolving tenant demands, success today calls for a more imaginative and adaptive approach. Now more than ever, shaping the future of this market requires creativity alongside commercial acumen.”
POINT OF INTEREST:
Thanks to more than four decades of experience, Domenic is no stranger to commercial real estate. In fact, he’s likely had a hand in several Western transactions you missed out on. Incredibly thorough, undoubtedly reliable. Domenic relishes the opportunity that commercial delivers, particularly in making a difference in the community he operates — but it’s his personable professionalism from beginning to end that will see him more as a partner in your portfolio. Present. Driven. Human. It’s his pursuit of creating a lasting legacy for his clients’ future generations that has already solidified his own within the industry
POINT OF VIEW:
“Corporate outlook, with a suburban focus. CVA is proud to open doors to commercial property across Melbourne’s four points, and I’m honoured to open the same doors to my client’s future portfolios.”
TITLE PLAN
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PRIVATE SALE CLOSING FORM
Private Sale Form
Point of interest: 17 Hall Street, Newport, VIC, 3015
Complete this form and return it to our office via email or post by Thursday 2nd October 2025 at 12pm
ADDRESS TO: CVA Property Consultants
Attention: John Nockles | Domenic Sgambellone
POST or HAND DELIVER 18-20 Russell Street, Melbourne VIC 3000 E-MAIL
john.nockles@cva.melbourne domenic.sgambellone@cva.melbourne
Purchasing Entity Entity/Individual: Address:
Attention:
ABN: Telephone: Email:
Proposed Purchase Terms
Purchase Price: Deposit (%):
Settlement Period: Conditions:
Solicitor Company: Attention: Address: Telephone:
Email:
Additional information or special conditions, which supports or clarifies a Registrant’s submission, may be annexed to this ‘Private Sale Form’. The Contract of Sale & Vendor’s Statement has been available during the marketing campaign and parties acknowledge that they have received a copy.
Signed for and on behalf of the Purchasing Entity Date
NOTE: The Vendor has the right, at its sole discretion, to vary the sales process, to postpone or cancel the sale of the property and to modify or add any terms and conditions to any proposed contract of sale or Vendor’s Statement which may be made available to a potential purchaser.
Name of Signatory (PLEASE PRINT)
Private Sale Process:
At CVA, we provide prospective purchasers full transparency, fairness, and respect during the Private Sale process
To make our point, we’ve defined and outlined the process below so you’re across it prior to submitting an offer.
1. Submitting Offers:
Offers are due no later than the date and time advertised for the Private Sale campaign They must be submitted through this form with every section completed, signed and emailed to the relevant contact persons by campaign closure. Any offers submitted after this time will be deemed as non-compliant and rejected
Our point of view: we strongly encourage all interested parties to submit their best offer, as the vendor reserves the right to accept an initial offer or to deal exclusively with certain offers in a second round.
2. Review Process:
All offers will be compiled and presented to the vendor for their consideration after the closing of the Private Sale campaign.
Upon feedback, we will contact all parties promptly to communicate the vendors instructions relating to their offer.
In the event of a second round, we will request all offers to be provided on a contract of sale with a deposit to CVA for the vendor’s consideration.
NOTE: The Vendor has the right, in its sole discretion, to vary the sales process, to postpone or cancel the sale of the property and to modify or add any terms and conditions to any proposed contract of sale or Vendor’s Statement which may be made available to a potential purchaser.
ZONING AND PLANNING OVERLAYS
34.01
31/07/2018
VC148
COMMERCIAL 1 ZONE
Shown on the planning scheme map as B1Z , B2Z , B5Z or C1Z
Purpose
To implement the Municipal Planning Strategy and the Planning Policy Framework.
To create vibrant mixed use commercial centres for retail, office, business, entertainment and community uses.
To provide for residential uses at densities complementary to the role and scale of the commercial centre.
Operation
A schedule may apply under this zone to a planning scheme outside of metropolitan Melbourne. That schedule may:
specify the maximum leasable floor area for office
■
■ specify the maximum leasable floor area for shop (other than restricted retail premises).
34.01-1
14/12/2023
VC253
Table of uses
Section 1 - Permit not required
Use
Accommodation (other than Community care accommodation, Corrective institution, Rooming house and Small second dwelling)
Art and craft centre
Automated collection point
Condition
Any frontage at ground floor level must not exceed 2 metres (other than a bed and breakfast and caretaker's house).
Child care centre
Must meet the requirements of Clause 52.13-3 and 52.13-5.
The gross floor area of all buildings must not exceed 50 square metres.
Any frontage at ground floor level must not exceed 2 metres and access must not be shared with a dwelling (other than a caretaker's house).
Cinema
Cinema based entertainment facility
Community care accommodation
Any frontage at ground floor level must not exceed 2 metres.
Must meet the requirements of Clause 52.22-2.
Education centre (other than Child care centre)
Exhibition centre
Home based business
Informal outdoor recreation
Use Condition
Office
Place of worship
Railway
Retail premises (other than Shop)
Rooming house
Shop (other than Adult sex product shop)
Tramway
Any use listed in Clause 62.01
Section 2 - Permit required
Use
Adult sex product shop
Agriculture (other than Animal production and Apiculture)
Container deposit scheme centre
Grazing animal production
Industry (other than Automated collection point and Container deposit scheme centre)
Leisure and recreation facility (other than Informal outdoor recreation, Major
The leasable floor area for all offices must not exceed any amount specified in the schedule to this zone.
The gross floor area of all buildings must not exceed 250 square metres.
Any frontage at ground floor level must not exceed 2 metres.
Must meet the requirements of Clause 52.23-2.
The leasable floor area for all shops must not exceed any amount specified in the schedule to this zone.
Must meet the requirements of Clause 62.01.
Condition
Must be at least 200 metres (measured by the shortest route reasonably accessible on foot) from a residential zone or, land used for a hospital, primary school or secondary school or land in a Public Acquisition Overlay to be acquired for a hospital, primary school or secondary school.
Must not be a purpose listed in the table to Clause 53.10.
34.01-2
15/07/2013
VC100
Use Condition
sports and recreation facility and Motor racing track)
Place of assembly (other than Carnival, Cinema, Cinema based entertainment facility, Circus, Exhibition centre and Place of worship)
Utility installation (other than Minor utility installation and Telecommunications facility)
Must not be a purpose listed in the table to Clause 53.10.
Warehouse Must not be a purpose listed in the table to Clause 53.10.
Any other use not in Section 1 or 3
Section 3 - Prohibited
Use
Animal production (other than Grazing animal production)
Corrective institution
Major sports and recreation facility
Motor racing track
Small second dwelling
Use of land
A use must not detrimentally affect the amenity of the neighbourhood, including through the:
■ Appearance of any building, works or materials.
■ 34.01-3
31/07/2018
Transport of materials, goods or commodities to or from the land.
■ Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil.
VC148 Subdivision
A permit is required to subdivide land.
VicSmart applications
Subject to Clause 71.06, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column 2.
34.01-4
01/12/2023 VC217
Class of application
Subdivide land to realign the common boundary between 2 lots where:
The area of either lot is reduced by less than 15 percent.
■
■ The general direction of the common boundary does not change.
Subdivide land into lots each containing an existing building or car parking space where:
■
The buildings or car parking spaces have been constructed in accordance with the provisions of this scheme or a permit issued under this scheme.
■ An occupancy permit or a certificate of final inspection has been issued under the Building Regulations in relation to the buildings within 5 years prior to the application for a permit for subdivision.
Subdivide land into 2 lots if:
■ The subdivision does not create a vacant lot.
■
■
The construction of a building or the construction or carrying out of works on the land:
■ Has started lawfully.
Has been approved under this scheme or by a permit issued under this scheme and the permit has not expired.
Buildings and works
A permit is required to construct a building or construct or carry out works. This does not apply to:
The installation of an automatic teller machine.
■ An alteration to an existing building façade provided: The alteration does not include the installation of an external roller shutter.
■ An awning that projects over a road if it is authorised by the relevant public land manager.
■
■ At least 80 per cent of the building facade at ground floor level is maintained as an entry or window with clear glazing.
■ An apartment development must meet the requirements of Clause 58.
VicSmart applications
Subject to Clause 71.06, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column 2.
34.01-5
16/01/2018
VC142
Class of application
Construct a building or construct or carry out works with an estimated cost of up to $500,000 where the land is not:
■ Used for a purpose listed in the table to Clause 53.10.
Within 30 metres of land (not a road) which is in a residential zone.
Information requirements and decision guidelines
Clause 59.04
34.01-6
01/07/2021
VC203
■
■ Used for an Adult sex product shop.
Transitional provisions
Clause 58 does not apply to:
An application for a planning permit lodged before the approval date of Amendment VC136.
■ An application for an amendment of a permit under section 72 of the Act, if the original permit application was lodged before the approval date of Amendment VC136.
■ Maintenance All buildings and works must be maintained in good order and appearance to the satisfaction of the responsible authority.
Neighbourhood and site description and design response
An application for any of the following must be accompanied by a neighbourhood and site description and a design response as described in Clause 54.01 or 55.01, as appropriate:
■ Construction of a dwelling if there is at least one dwelling existing on the lot.
Construction or extension of one dwelling on a lot of less than 300 square metres.
■ Construction of two or more dwellings on a lot.
■ Extension of a dwelling if there are two or more dwellings on the lot.
■ Construction or extension of a dwelling on common property.
■ Construction or extension of a residential building.
■ Clause 34.01-5 does not apply to an apartment development.
Satisfactory neighbourhood and site description before notice and decision
If the responsible authority decides that the neighbourhood and site description is not satisfactory, it may require more information from the applicant under Section 54 of the Act.
The responsible authority must not require notice of an application to be given or decide an application until it is satisfied that the neighbourhood and site description meets the requirements of Clause 54.01 or 55.01 and is satisfactory.
This does not apply if the responsible authority refuses an application under Section 52(1A) of the Act.
Application requirements
Use
34.01-7
An application to use land must be accompanied by the following information, as appropriate:
The purpose of the use and the types of activities which will be carried out.
■ The likely effects, if any, on adjoining land, including noise levels, traffic, the hours of delivery and despatch of goods and materials, hours of operation and light spill, solar access and glare.
■ The means of maintaining land not required for immediate use.
■ If an industry or warehouse:
■ Buildings and works
■
The type and quantity of goods to be stored, processed or produced.
■ Whether a Development Licence, Operating Licence, Permit or Registration is required from the Environment Protection Authority.
■ Whether a notification under the Occupational Health and Safety Regulations 2017 is required, a licence under the Dangerous Goods Act 1985 is required, or a fire protection quantity under the Dangerous Goods (Storage and Handling) Regulations 2012 is exceeded.
■ The likely effects on adjoining land, including air-borne emissions and emissions to land and water.
An application to construct a building or construct or carry out works must be accompanied by the following information, as appropriate:
A plan drawn to scale which shows:
■ Adjoining roads.
The boundaries and dimensions of the site.
■ Elevation drawings to scale showing the colour and materials of all buildings and works.
■
■ The location, height and purpose of buildings and works on adjoining land.
■ Relevant ground levels.
■ The layout of existing and proposed buildings and works.
■ All driveway, car parking and loading areas.
■ Proposed landscape areas.
■ All external storage and waste treatment areas.
■ Areas not required for immediate use.
■ Construction details of all drainage works, driveways, vehicle parking and loading areas.
■ A landscape layout which includes the description of vegetation to be planted, the surfaces to be constructed, site works specification and method of preparing, draining, watering and maintaining the landscape area.
■ An application to construct or extend an apartment development, or to construct or extend a dwelling in or forming part of an apartment development, must be accompanied by an urban context report and design response as required in Clause 58.01.
Exemption from notice and review
An application to subdivide land or construct a building or construct or carry out works is exempt from the notice requirements of section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act. This exemption does not apply to land within 30 metres of land (not a road) which is in a residential zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre.
34.01-8
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
General
The Municipal Planning Strategy and the Planning Policy Framework.
■ The interface with adjoining zones, especially the relationship with residential areas.
■ Use
■ The drainage of the land.
The effect that existing uses may have on the proposed use.
■ The availability of and connection to services.
■ The effect of traffic to be generated on roads.
■ The interim use of those parts of the land not required for the proposed use.
■ Subdivision
Provision for vehicles providing for supplies, waste removal and emergency services and public transport.
■
■ The effect the subdivision will have on the potential of the area to accommodate the uses which will maintain or enhance its competitive strengths.
Building and works
■ The provision of car parking.
The movement of pedestrians and cyclists, and vehicles providing for supplies, waste removal, emergency services and public transport.
■ The streetscape, including the conservation of buildings, the design of verandahs, access from the street front, protecting active frontages to pedestrian areas, the treatment of the fronts and backs of buildings and their appurtenances, illumination of buildings or their immediate spaces and the landscaping of land adjoining a road.
■ The storage of rubbish and materials for recycling.
■ Defining the responsibility for the maintenance of buildings, landscaping and paved areas.
■ Consideration of the overlooking and overshadowing as a result of building or works affecting adjoining land in a General Residential Zone, Neighbourhood Residential Zone, Residential Growth Zone or Township Zone.
■ The impact of overshadowing on existing rooftop solar energy systems on dwellings on adjoining lots in a General Residential Zone, Mixed Use Zone, Neighbourhood Residential Zone, Residential Growth Zone or Township Zone.
■ The availability of and connection to services.
■ The design of buildings to provide for solar access.
■ The objectives, standards and decision guidelines of Clause 54 and Clause 55. This does not apply to an apartment development.
■
■ For an apartment development, the objectives, standards and decision guidelines of Clause 58.
Transitional provisions
The objectives, standards and decision guidelines of Clause 55 of this scheme, as in force immediately before the approval date of Amendment VC136, continues to apply to:
An application for a planning permit lodged before that date.
■
■ An application for an amendment of a permit under section 72 of the Act, if the original permit application was
lodged before that date.
Clauses 55 and 58 of this scheme, as in force immediately before the approval date of Amendment VC174, continue to apply to:
An application for a planning permit lodged before that date.
■ 34.01-9
31/07/2018
■ An application for an amendment of a permit under section 72 of the Act, if the original permit application was lodged before that date.
VC148 Signs
Sign requirements are at Clause 52.05. This zone is in Category 1.
43.01
31/07/2018
VC148
HERITAGE OVERLAY
Shown on the planning scheme map as HO with a number (if shown).
Purpose
To implement the Municipal Planning Strategy and the Planning Policy Framework.
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.
To ensure that development does not adversely affect the significance of heritage places.
To conserve specified heritage places by allowing a use that would otherwise be prohibited if this will demonstrably assist with the conservation of the significance of the heritage place.
Scope
The requirements of this overlay apply to heritage places specified in the schedule to this overlay. A heritage place includes both the listed heritage item and its associated land. Heritage places may also be shown on the planning scheme map.
43.01-1
14/12/2023
VC253
Permit requirement
A permit is required to:
Subdivide land.
■ Demolish or remove a building.
■
■ Construct a building or construct or carry out works, including: Domestic services normal to a dwelling if the services are visible from a street (other than a lane) or public park.
■ A solar energy system attached to a building that primarily services the land on which it is situated if the system is visible from a street (other than a lane) or public park and if the schedule to this overlay specifies the heritage place as one where solar energy system controls apply.
■ A rainwater tank if the rainwater tank is visible from a street (other than a lane) or public park.
■ A fence, if the fence is visible from a street (other than a lane) or public park.
■ Roadworks which change the appearance of a heritage place or which are not generally undertaken to the same details, specifications and materials.
■ Buildings or works associated with a railway, railway station or tramway constructed or carried out by or on behalf of the Head, Transport for Victoria.
■ Street furniture other than: Traffic signals, traffic signs, bus shelters, fire hydrants, parking meters, post boxes and seating.
■ A domestic swimming pool or spa and associated mechanical and safety equipment, if the swimming pool or spa and associated equipment are visible from a street (other than a lane) or public park.
■
■ Speed humps, pedestrian refuges and splitter islands.
■ A pergola or verandah, including an open-sided pergola or verandah to a dwelling with a finished floor level not more than 800mm above ground level and a maximum building height of 3 metres above ground level.
■ A deck, including a deck to a dwelling with a finished floor level not more than 800mm above ground level, if the deck is visible from a street (other than a lane) or public park
■ Non-domestic disabled access, excluding a non-domestic disabled access ramp if the ramp is not visible from a street (other than a lane) or public park.
■
■ An electric vehicle charging station if the charging station is visible from a street (other than a lane) or public park.
■ Externally alter a building by structural work, rendering, sandblasting or in any other way.
Services normal to a building other than a dwelling or small second dwelling, including chimneys, flues, skylights, heating and cooling systems, hot water systems, security systems and cameras, downpipes, window shading devices, or similar, if the works are visible from a street (other than a lane) or public park.
■ Construct or display a sign.
■ Externally paint a building if the schedule to this overlay specifies the heritage place as one where external paint controls apply.
■ Externally paint an unpainted surface.
■ Externally paint a building if the painting constitutes an advertisement.
■ Internally alter a building if the schedule to this overlay specifies the heritage place as one where internal alteration controls apply.
■ Carry out works, repairs and routine maintenance which change the appearance of a heritage place or which are not undertaken to the same details, specifications and materials.
■
■ Remove, destroy or lop a tree if the schedule to this overlay specifies the heritage place as one where tree controls apply. This does not apply:
■
■ If the tree presents an immediate risk of personal injury or damage to property.
To any action which is necessary to keep the whole or any part of a tree clear of an electric line provided the action is carried out in accordance with a code of practice prepared under Section 86 of the Electricity Safety Act 1998
VicSmart applications
Subject to Clause 71.06, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column 2.
Class of application
Information requirements and decision guidelines
■
■ Subdivide land into lots each containing an existing building or car parking space where:
■
Subdivide land to realign the common boundary between 2 lots where the area of either lot is reduced by less than 15 percent and the general direction of the common boundary does not change.
■ Subdivide land into 2 lots if:
■ An occupancy permit or a certificate of final inspection has been issued under the Building Regulations in relation to the buildings within 5 years prior to the application for a permit for subdivision.
The buildings or car parking spaces have been constructed in accordance with the provisions of this scheme or a permit issued under this scheme.
■ Demolish or remove an outbuilding (including a carport, garage, pergola,
■
■ The construction or carrying out of the approved building or works on the land has started lawfully.
The construction of a building or the construction or carrying out of works on the land is approved under this scheme or by a permit issued under this scheme and the permit has not expired.
■ The subdivision does not create a vacant lot.
Clause 59.07
43.01-2
Class of application
verandah, deck, shed or similar structure) unless the outbuilding is specified in the schedule to the Heritage Overlay.
■ Externally alter a non-contributory building.
Demolish or remove a fence unless the fence is specified in the schedule to the Heritage Overlay.
■ External painting.
■ Construct a fence.
■ Construct a carport, garage, pergola, verandah, deck, shed or similar structure.
■ Construct and install domestic services normal to a dwelling.
■ Construct and install a non-domestic disabled access ramp.
■ Construct a vehicle cross-over.
■ Construct a domestic swimming pool or spa and associated mechanical equipment and safety fencing.
■ Construct a rainwater tank.
■ Construct or display a sign.
■ Lop a tree.
■ Construct or install a solar energy system attached to a dwelling or small second dwelling.
■ Construct and install an electric vehicle charging station.
■
■ Construct and install services normal to a building other than a dwelling or small second dwelling, including chimneys, flues, skylights, heating and cooling systems, hot water systems, security systems and cameras, downpipes, window shading devices, or similar.
Places in the Victorian Heritage Register
Information requirements and decision guidelines
43.01-3
14/12/2023
VC253
A heritage place which is included in the Victorian Heritage Register is subject to the requirements of the Heritage Act 2017 .
Permit requirement
A permit is required under this overlay to subdivide a heritage place which is included in the Victorian Heritage Register. This includes the subdivision or consolidation of land including any building or airspace.
Referral of applications
An application to subdivide a heritage place which is included in the Victorian Heritage Register must be referred to the relevant referral authority under Section 55 of the Act in accordance with Clause 66 of this scheme.
No permit required
No permit is required under this overlay:
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For anything done in accordance with an incorporated plan specified in a schedule to this overlay.
■ To internally alter a church for liturgical purposes if the responsible authority is satisfied that the alterations are required for liturgical purposes.
■ For interments, burials and erection of monuments, re-use of graves, burial of cremated remains and exhumation of remains in accordance with the Cemeteries and Crematoria Act 2003
■ To develop a heritage place which is included in the Victorian Heritage Register, other than an application to subdivide a heritage place of which all or part is included in the Victorian Heritage Register.
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■ To construct a building or construct or carry out works for a small second dwelling if all the following requirements are met:
The building height must not exceed 5 metres.
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■ The building must be finished using muted tones and colours.
Exemption from notice and review
An application under this overlay for any of the following classes of development is exempt from the notice requirements of section 52(1) (a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act:
■ Demolition or removal of a fence unless the fence is specified in the schedule to this overlay.
Demolition or removal of an outbuilding (including a carport, garage, pergola, verandah, deck, shed or similar structure) unless the outbuilding is specified in the schedule to this overlay.
■ External alteration of a building.
■ External painting.
■ Construction of a fence.
■ Construction of a carport, garage, pergola, verandah, deck, shed or similar structure.
■ Domestic services normal to a dwelling.
■ Carry out works, repairs and routine maintenance.
■ Internally alter a building.
■ Non-domestic disabled access ramp.
■ Construction of a vehicle cross-over.
■ Construction of a domestic swimming pool or spa and associated mechanical equipment and safety fencing.
■ Construction of a tennis court.
■ Construction of a rainwater tank.
■ Construction or display of a sign.
■ Lopping of a tree.
■ Construction of seating, picnic tables, drinking taps, barbeques, rubbish bins, security lighting, irrigation, drainage or underground infrastructure, bollards, telephone boxes.
■ Roadworks.
■ An electric vehicle charging station.
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■ Services normal to a building other than a dwelling or a small second dwelling, including chimneys, flues, skylights, heating and cooling systems, hot water systems, security systems and cameras, downpipes, window shading devices, or similar.
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The schedule to this overlay must specify a statement of significance for each heritage place included in the schedule after the commencement of Amendment VC148. This does not apply to:
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■ A registered heritage place included in the Victorian Heritage Register established under Part 3 of the Heritage Act 2017
A heritage place included in the schedule to this overlay by an amendment prepared or authorised by the Minister under section 8(1)(b) or section 8A(4) of the Act before or within three months after the commencement of Amendment VC148.
■ A heritage place included in the schedule to this overlay on an interim basis.
Heritage design guidelines
The schedule to this overlay may specify heritage design guidelines for any heritage place included in the schedule. A heritage design guideline must not contain any mandatory requirements.
Application requirements
An application must be accompanied by any information specified in the schedule to this overlay.
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
The Municipal Planning Strategy and the Planning Policy Framework.
■ The significance of the heritage place and whether the proposal will adversely affect the natural or cultural significance of the place.
■ Any applicable statement of significance (whether or not specified in the schedule to this overlay), heritage study and any applicable conservation policy.
■ Any applicable heritage design guideline specified in the schedule to this overlay.
■ Whether the location, bulk, form or appearance of the proposed building will adversely affect the significance of the heritage place.
■ Whether the location, bulk, form and appearance of the proposed building is in keeping with the character and appearance of adjacent buildings and the heritage place.
■ Whether the demolition, removal or external alteration will adversely affect the significance of the heritage place.
■ Whether the proposed works will adversely affect the significance, character or appearance of the heritage place.
■ Whether the proposed subdivision will adversely affect the significance of the heritage place.
■ Whether the proposed subdivision may result in development which will adversely affect the significance, character or appearance of the heritage place.
■ Whether the proposed sign will adversely affect the significance, character or appearance of the heritage place.
■ Whether the lopping or development will adversely affect the health, appearance or significance of the tree.
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■ Whether the location, style, size, colour and materials of the proposed solar energy system will adversely affect the significance, character or appearance of the heritage place.
Use of a heritage place
A permit may be granted to use a heritage place (including a heritage place which is included in the Victorian Heritage Register) for a use which would otherwise be prohibited if all of the following apply:
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■ The use will not adversely affect the significance of the heritage place.
The schedule to this overlay specifies the heritage place as one where prohibited uses may be permitted.
■ The benefits obtained from the use can be demonstrably applied towards the conservation of the heritage place.
■ Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider the effect of the use on the amenity of the area.
Aboriginal heritage places
A heritage place specified in the schedule to this overlay as an Aboriginal heritage place is also subject to the requirements of the Aboriginal Heritage Act 2006