STATUTE APPLICATION AND RECOMMENDATIONS

Historic Buildings Act

Under the Historic Buildings Act, buildings, works or objects privately or State Government owned may be submitted to the Historic Buildings Council (H.B.C.) to consider whether they are of sufficient historical or architectural importance to add to the Register of Historic Buildings. A register of government-owned buildings also exists but this has been closed since 1989 and all nominations of government buildings are now for inclusion on the Historic Buildings Register.

The building owner is consulted and after consideration the site may be recommended to the Minister for Planning and Housing for addition to the register. Owners may oppose registration and seek a hearing from the H.B.C. where the architectural or historical merit of the site is discussed. Once on the register, the owner shall not demolish, alter or remove the building; agree to sell or subdivide the building or its site, unless a permit is gained from the Council. Following registration, the H.B.C. maintains an interest in the property, providing grants, low1 or no interest loans, and municipal rate or land tax abatements where necessary, all as determined by the effect of registration on the sites value.

Under the regional Metropolitan section of the Frankston Planning Scheme,2 the allowable use of a registered building can be made more flexible within town planning zones if it will benefit the viability of the site.3 The H.B.C. also offers free architectural or economic advice where possible for registered building owners and a guide to sources of other specialist help.4 The criteria used by the H.B.C. to determine whether a site is of State importance, architecturally or historically, are as follows:

• demonstrates creative and/or technical accomplishment in the history of architecture and building in Victoria, and more particularly if it is:
• a representative of extraordinary example of a particular architectural style;
• influential in the development of architectural style, building technologyand construction techniques, or a demonstration of new and innovative solutions to user requirements;
• influential in the development of aesthetic theories and architectural design philosophy in a particular period; a transient or permanent influence upon the development of local architectural and building traditions;
• demonstrates typical or outstanding craftsmanship in building construction and decoration;
• demonstrates a representative or notable application of decorative schemes or particular materials in construction and design;
• is a representative or extraordinary example of an architect's work;
• is a representative or extraordinary example of a building type;
• demonstrates a changing sequence of architectural styles, patterns of occupancy and function;
• is an essentially intact and rare example of a building type.
• Similarly a building may be considered to be of historical importance if it can be shown to:
• represent or be an extraordinary example of a way of life, custom, process or function;
• have a strong association with an important figure or figures, cultural group or event;
• represent a sequence of usages or functions over time;
• be of considerable age particularly in circumstances where the precise historical significance of the building is not at present known.5

Council can also declare Interim Preservation Orders over prospective sites to allow their conservation until an assessment of their value can be made. Permit exemptions may be made for ongoing works to registered sites (painting, repairs) or, in the case of churches, any works relating to 'liturgical purposes'. An applicant who is dissatisfied with a permit decision of the Historic Buildings Council may make a submission to the Minister. The Minister may then refer the matter to the Administrative Appeals Tribunal for a report.

Frankston Sites on the Historic Buildings Council Register:6

• Ballam Park Homestead, Cranbourne Road, Frankston.
• Stokesay, 288-9 Nepean Highway, Frankston.
• Bruce Manor, 34 Pinehill Drive, Frankston.

Proposed additional sites for the Historic Buildings Council Register
The following sites have been identified at State importance.7

• [House] 6 Handley Court 1961.
• Storm Haven [House] 3 Harleston Road 1953c.
• Marathon [House, garden] 12 Marathon Drive 1914.
• [House] 581 Nepean Highway 1953.
• The Gumnuts [House] 619 Nepean Highway 1922.
• Yamala Lodge (former gatehouse) [Gate Lodge] 652 Nepean Highway 1898.
• Yamala Gateway [Gateway] 652A Nepean Highway 1927-28.
• Westerfield [House, garden, farm] 86-96 Robinsons Road 1924.

Recommendation
Frankston City Council should, with consultation with site owners, apply to have the above sites considered for the Historic Buildings Register and assist in the application for funds from the Historic Buildings Council or National Estate Grant scheme for any conservation projects concerning them.