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Amendment C194bays: Heritage Overlay on 31-33 Eliza Street, Black Rock


Planning Scheme Amendment C194bays is a site-specific amendment proposing to introduce a Heritage Overlay to 31-33 Eliza Street, Black Rock. The initially proposed Heritage Overlay sought to cover the house (including multiple internal features) and 9 mature trees set in the garden. The amendment also sought to include 31-33 Eliza Street, Black Rock Heritage Assessment as a Background Document, and Statement of Significance: Tara (former Greenock) – 31-33 Eliza Street, Black Rock as an Incorporated Document within the Bayside Planning Scheme.

Current Status of the Amendment 

The Amendment has now been approved and applies the Heritage Overlay (HO855) to 31-33 Eliza Street, Black Rock. The Amendment came into effect when the notice of approval was published in the Victorian Government Gazette on 20 June 2024. 

Whilst heritage controls will apply to the exterior of the property, the proposed application of internal alteration controls to the property were not supported by the Department of Transport & Planning. 

The proposed application of internal alteration controls was not supported as it was not considered that sufficient justification had been provided to demonstrate that the interiors met the threshold of ‘high significance’, as required by Planning Practice Note 1: Applying the Heritage Overlay (PPN1). PPN1 specifies that the provision should be applied sparingly and on a selective basis to special interiors of high significance. The approved Amendment documents can be viewed here.

Land affected by the Amendment

The amendment applies only to 31-33 Eliza Street, Black Rock.

Why is the amendment required?

The amendment is required to recognize the heritage significance of 31-33 Eliza Street, Black Rock and to protect it.

Heritage expert David Helms completed a heritage assessment of the property which identified local significance in the house (including multiple internal features) and mature trees set in the garden. He recommended that the property should be included in the Schedule to the Heritage Overlay of the Bayside Planning Scheme.

The heritage assessment states that the property satisfies Criterion A (historical significance), Criterion B (rarity), Criterion D (representativeness) and Criterion E (aesthetic significance) of the Heron Criteria at the local level.

Council considers the Heritage Overlay to be the appropriate planning mechanism to protect the heritage values of the property as the Heritage Overlay requires a permit to be granted for building and works, including demolition, that could affect the significance of this place.

Where can I view the amendment documentation?

You can inspect all documents relating to the amendment free of charge via the amendments webpage of the Department of Transport and Planning.  


Exhibition of the amendment finished on 1 September 2023.  Council received one submission during the exhibition period, which was in support of the amendment.

Council Decision

At its meeting of 17 October 2023, Council considered the submission received in support alongside a report on Amendment C194bays and resolved to adopt the amendment and to submit it to the Minister for Planning for approval, in accordance with Section 31 of the Planning and Environment Act 1987.

Further information

For further information contact us using the details below:

Name: Mitch Abraham, Strategic Planner

Phone: (03) 9599 4606