Heritage - Planning Permit through Council or Heritage Permit through Heritage Victoria?!

In Victoria, the difference between a planning permit under the Heritage Overlay and a heritage permit from Heritage Victoria lies mainly in what type of heritage protection applies — local or state — and which authority manages the process.

Here’s a breakdown:

1. Planning Permit under the Heritage Overlay

Applies to: Properties included in the Heritage Overlay (HO) of a local planning scheme.

Managed by: Your local council.

Purpose: Protects locally significant heritage places.

Trigger: You need a planning permit if you want to carry out certain works (like demolition, external alterations, new buildings, fences, trees removal, etc.).

Assessed under: The Planning and Environment Act 1987.

Note: Not all works require a permit — some might be exempt via the planning scheme or a site-specific heritage exemption.

2. Heritage Permit from Heritage VictoriaApplies to: Properties included in the Victorian Heritage Register (VHR).

Managed by: Heritage Victoria (a state government agency).

Purpose: Protects places of state significance.

Trigger: You need a heritage permit to make any changes that might affect the cultural heritage significance of a registered place or object.

Assessed under: The Heritage Act 2017.

What if both apply?

If a place is on both the Heritage Overlay and the Victorian Heritage Register:

Only a Heritage Permit from Heritage Victoria is needed — not a planning permit — for works affecting the heritage fabric.

However, if the works involve things not covered by the Heritage Act (e.g. car parking, signage), you may also need a planning permit.

JKY Town Planning have extensive experience dealing with heritage approvals at both local and state levels. If your site has heritage protection, we can help you nevigate the approvals process.