Heritage overlays and outdoor structures

Key points

• Heritage and character overlays can mean a planning permit is needed as well as a building permit.
• Victoria's Heritage Overlay generally controls buildings and works, unless the scheme exempts them.
• Queensland councils often use character overlays for older housing areas.
• Structures at the rear, set back and sympathetic in design are most likely to be approved.
• Planning approval usually comes before the building permit.

What an overlay is

Planning schemes divide land into zones, which set what the land can be used for, and add overlays for particular issues such as heritage, character, flooding or bushfire. A heritage overlay identifies places that have heritage value, either a single property or a whole precinct of similar houses.

If your property has a heritage or character overlay, building work that would be fine elsewhere may need a planning permit, because council wants to manage how the work affects the look and significance of the place.

Victoria's Heritage Overlay

In Victoria, the Heritage Overlay generally requires a planning permit to construct a building or carry out works, including verandahs, carports, sheds and pergolas, unless the planning scheme exempts that kind of work. The schedule to the overlay for your property can add or relax controls, for example for external paint colours, fences or trees.

Some councils have local policies or guidelines for heritage areas that describe what they like to see, such as carports set back behind the front of the house, or verandahs that don't hide original features.

You can look up whether your property has a Heritage Overlay on VicPlan, then read the overlay and its schedule in your council's planning scheme on Planning Schemes Online.

Queensland's heritage and character controls

In Queensland, heritage-listed places are protected under state or local heritage registers, and many councils also have character overlays covering older housing areas. In Brisbane, for example, character controls apply to many pre-war homes, and council notes that properties in an overlay or neighbourhood plan area can have a different category of assessment.

That means a carport or patio that would need only building approval elsewhere may need planning approval, or may need to meet extra design requirements, on a character or heritage property.

What usually gets approved

Every council and every place is different, but these approaches commonly help:

• Put it at the back. Structures not visible from the street usually have far less impact.
• Set carports back behind the front of the house rather than in the front setback.
• Keep it separate and lightweight, so it reads as a modern addition and doesn't alter original fabric.
• Don't hide significant features, such as original verandahs, bay windows or decorative detail.
• Choose sympathetic materials and colours. Many councils publish preferred palettes.
• Keep roof forms simple and lower than the main roof.

What to include with a planning application

Heritage and character applications go more smoothly with clear information:

• Photos of the house and the street, showing where the structure will go.
• Plans and elevations showing the structure in relation to the house.
• Materials and colours, ideally with samples or product sheets.
• A short design statement explaining how the structure respects the character of the place.

Councils sometimes ask for a heritage report for more significant places. We tell you if that's likely before you commit.

The order of approvals

If a planning permit is needed, it generally comes before the building permit, and the building permit must be consistent with it. Planning applications in heritage areas can involve advertising to neighbours and expert heritage advice, so they usually take longer. See building permit vs planning permit and how long a building permit takes.

Check your property first

Before you choose a design, find out whether an overlay applies. Run the free check to test the design against the building rules, and when you apply we check the zones and overlays for your address. If a planning permit is needed, we tell you and quote it up front, and it only goes ahead with your written agreement. See permits in Victoria and approvals in Queensland.