Overlays give effect to preferred built-form outcomes when a zone will not achieve these objectives.
The Neighbourhood Character Overlay (NCO) can be used when an area exhibits valued characteristics that need protection. This area requires a specific approach, relative to the municipality, including variation of objectives and standards of clause 54 and 55.
About the overlay
Hedgeley Dene in Malvern East was the first area in Victoria deemed to have a ‘character’ warranting special protection. The Hedgeley Dene Neighbourhood Character Overlay was the first to be legislated in Victoria.
At the heart of the area is the gardens, which run diagonally through the centre of the precinct. The gardens comprise a pond, bridges, man-made waterfall and ways. The park unfolds as a linear stretch of lawn, over a series of streets, with paths and London-style lamps. Its most prominent feature are its significant trees, mostly exotic and deciduous.
Although housing around the park is diverse, large lots sizes mean dwellings are set back from the street and have large gardens where significant trees can flourish.
New buildings and extensions need to maintain and enhance the existing vegetation. For example, buildings must be set back from boundaries to allow landscaping and for trees to flourish.
Permit requirements
The key aim of the NCO is to preserve and enhance the landscape character of the precinct and protect existing significant vegetation.
Therefore, you need a permit to remove, destroy or lop a tree. This does not apply:
- to trees less than 5 metres in height or with a trunk circumference of less than 0.5 metres (measured 1 metre above ground level)
- to any action necessary to keep all or part of a tree clear of an electric line, provided action is carried out in accordance with a code of practice prepared under Section 86 of the Electricity Safety Act 1998
- if the tree presents an immediate risk of personal injury or damage to property
- if removing, destroying or lopping a tree is necessary for emergency access and emergency works by a public authority or municipal council.
Removing, destroying or lopping trees without permission may lead to enforcement action against the land owner and occupier. This may include infringement notices and/or prosecution before the Magistrates Court.
The Hedgeley Dene Gardens and Precinct character also aims to ensure that:
- the built form maintains an inconspicuous profile against the dominant landscape
- sufficient open space is set aside to sustain medium to large trees.
To achieve this, you need a permit to construct a building or carry out works, including a swimming pool. The Schedule includes modifications to Clause 54 and 55. These requirements are as follows:
- additional setbacks and reduction in walls on boundaries
- site coverage of no more than 50% of the site
- second storeys preferably in attic style and located towards the front of the site
- low and permeable front fences to allow views to vegetation
- specified building and fencing materials
- encourage natural materials such as timber, stone and slate in muted rather than bright colours
- articulated and informal development, rather than cookie-cutter symmetrical.
If you want to discuss your plans to develop land or remove, destroy or lop trees in this Overlay, please contact us and ask to speak with the Duty Planner, or visit the Planning Front Counter.