title: Heritage Overlay HO940 - Sheard’s House and Orchard Wall, Quarry Hill council: greater-bendigo state: vic category: constraint classification: MINOR status: in-progress last_compiled: 2026-05-31 source_docs:
- Council Meeting Agenda - Monday April 20, 2026.pdf
Heritage Overlay HO940 - Sheard’s House and Orchard Wall, Quarry Hill
HO940 is a proposed local heritage control for Sheard’s House and Orchard Wall at Quarry Hill, being advanced through Amendment C285gben as part of a broader corrections amendment rather than as a standalone heritage amendment. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, p.32) The practical planning effect is narrow but real: the amendment would bring the stone dwelling at 216 Carpenter Street and a boundary stone wall affecting multiple adjoining properties and road reservations under the permit controls of the Heritage Overlay. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.105-107)
Background
Amendment C285gben was prepared by Greater Bendigo City Council as planning authority and applies across multiple Greater Bendigo suburbs, towns and localities, including Quarry Hill. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.32-33) The amendment has a mixed purpose: it corrects zoning and overlay mapping errors, removes redundant overlays, corrects planning scheme text, rezones one privately owned property from Industrial 3 Zone to Neighbourhood Residential Zone, and applies the Heritage Overlay to two privately owned properties and part of 23 other properties. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.33-34)
The HO940 component arose from assessment of a planning permit application to subdivide nearby land at 13 Tennyson Street, Quarry Hill. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, p.111) During that permit assessment, the stone wall along the northern lot boundary of 13 Tennyson Street, together with the stone dwelling and wall at 216 Carpenter Street, was assessed as having heritage significance. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, p.111) Council subsequently commissioned a citation and statement of significance, which confirmed local heritage significance for the place known as Sheard’s House and Orchard Wall and the associated stone wall. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, p.111)
Analysis
What HO940 Protects
The proposed HO940 applies to land at 216 Carpenter Street, Quarry Hill and to part of land at 206, 208, 210, 212 and 214 Carpenter Street; 1, 5, 6 and 10 Emma Place; 1, 3, 7, 9, 13, 15, 1/15, 6/15, 17, 1/17, 6/17, 19 and 25 Paterson Street; and part of 13 Tennyson Street, Quarry Hill. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, p.105) The proposed HO940 also applies to part of the road reservations of Carpenter Street, Emma Place and Paterson Street, Quarry Hill. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.105-106)
The amendment therefore does not only protect a single house lot. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.105-106) Its mechanism is more like drawing a protective line around a shared physical feature: the stone dwelling is centred at 216 Carpenter Street, while the orchard wall appears to run across or along boundaries involving a larger group of adjoining residential lots and road reservations. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.105-106, p.111)
The mapping reference table separately identifies HO940 as applying to 216 Carpenter Street, part of 206-214 Carpenter Street, part of 1-10 Emma Place, part of 1-25 Paterson Street, part of 13 Tennyson Street, and part of the Carpenter Street, Emma Place and Paterson Street road reservations. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, p.128) This confirms that the overlay is proposed as a mapped curtilage over portions of several parcels, not simply as a title-wide control over every listed property. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, p.128)
Planning Mechanism
The amendment would insert HO940 into the Schedule to Clause 43.01 of the Greater Bendigo Planning Scheme and would insert the relevant statement of significance into Clause 72.04 as an incorporated document. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.106-107) The incorporated document is identified as the Statement of Significance for 216 Carpenter Street and adjoining road reservations; part of 206, 208, 210, 212 and 214 Carpenter Street and adjoining road reservations; part of 1, 5, 6 and 10 Emma Place and adjoining road reservations; part of 1, 3, 7, 9, 13, 15, 1/15, 6/15, 17, 1/17, 6/17, 19 and 25 Paterson Street and adjoining road reservations; and part of 13 Tennyson Street, Quarry Hill, dated December 2023. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.106-107)
The intended statutory effect is protection against demolition and inappropriate development for the stone dwelling and stone wall at 216 Carpenter Street. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, p.111) The same mechanism is proposed for the stone wall where it is located along boundaries of nearby Carpenter Street, Emma Place and Paterson Street properties. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, p.111)
In simple terms, the planning scheme is being used like a rulebook label on a shared old wall and house. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, p.111) Once the label is applied, future works that might remove, damage or visually affect the protected fabric would need to be assessed through the Heritage Overlay controls. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, p.111)
Relationship to Amendment C285gben
HO940 sits inside an omnibus corrections amendment, which means its statutory pathway is tied to a package containing many unrelated mapping, zoning and overlay changes across Greater Bendigo. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.32-34) That package includes corrections to public land zoning, deletion of redundant Vegetation Protection Overlay controls, deletion or reduction of other Heritage Overlay mapping, rezoning of 31 Ayres Street, Argyle, and updates to planning scheme schedules. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.100-107)
This structure matters because the unresolved submissions to Amendment C285gben did not concern HO940. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.34-35) Nine submissions were received during exhibition, with five opposing and four supporting submissions, and the two unresolved submissions related to removal of Vegetation Protection Overlay Schedule 2 from public land, not to the proposed heritage control at Quarry Hill. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.32, 34-35)
The absence of a recorded unresolved HO940 objection in the agenda does not prove that every affected owner supports the overlay. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.34-35) It only establishes that the council report identified the remaining unresolved issues as vegetation-protection matters rather than heritage-curtilage or Quarry Hill matters. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.32, 34-35)
Heritage Rationale
Council’s stated strategic justification is that the Heritage Overlay is the proper Victoria Planning Provisions tool to protect places that have been conclusively identified and assessed as having heritage significance. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.122-123) The explanatory report states that Planning Practice Note 1 requires documentation for each heritage place to include a statement of significance that clearly establishes the importance of the place and addresses the heritage criteria. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, p.122)
For HO940, the evidentiary chain described in the agenda is: subdivision assessment at 13 Tennyson Street identified the wall and 216 Carpenter Street elements; a citation and statement of significance were then commissioned; and those documents confirmed local heritage significance. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, p.111) The cited heritage value is local rather than state or national in the available source. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, p.111)
The amendment also relies on the planning objective of conserving and enhancing buildings, areas or other places of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, p.112) In the HO940 context, that objective is implemented through application of the Heritage Overlay to newly identified heritage fabric, rather than through a broader precinct-wide heritage review. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.111-112)
Land Use and Development Implications
The main land-use implication is a new heritage permit constraint over the mapped parts of affected private land and road reservations. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.105-107) The constraint is targeted at the stone dwelling and orchard wall rather than at a wholesale change in zoning, density or land-use permission. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, p.111)
The trigger for identifying the heritage issue was a subdivision application at 13 Tennyson Street. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, p.111) That cause-and-effect relationship is important: ordinary development assessment exposed a heritage feature crossing or abutting multiple land parcels, and the planning scheme amendment is being used to make that assessment durable for future decisions. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, p.111)
The available source does not quantify the length of the wall, the area of each affected partial parcel, the setback needed from the wall, or any lot-yield consequence for 13 Tennyson Street or adjoining land. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.105-107, p.111) Because those measurements are absent, this page cannot responsibly estimate development capacity impacts or compare alternative curtilage options. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.105-107, p.111)
Submissions and Contestation
Amendment C285gben was exhibited from 23 October 2025 to 22 December 2025. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, p.32) Council received nine submissions, comprising five opposing submissions and four supporting submissions. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, p.34) Three supporting submissions were from public authorities and one supporting submission was from the Taungurung Land and Waters Council. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, p.34)
The opposing submissions summarised in the agenda concerned removal of VPO2 from public land or a request to add two East Bendigo properties to the corrections amendment. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.34-35, pp.39-42) Submitters 3, 4 and 5 withdrew their submissions after clarification from council officers. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.35, 40-42) The two unresolved submissions were to be referred to a Planning Panel and concerned vegetation-protection issues. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.32, 36-37)
No submission issue in the agenda summary is recorded as objecting to HO940, the December 2023 statement of significance, the extent of the Quarry Hill curtilage, or the inclusion of the Carpenter Street, Emma Place, Paterson Street and Tennyson Street properties. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.34-35, pp.39-42) This reduces the visible level of contestation around HO940 in the available record, while leaving a gap because individual notification responses from all affected HO940 landowners are not separately analysed in the provided source. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.34-35, pp.39-42)
Current Status
As at the 20 April 2026 council agenda, officers recommended that Council note the explanatory report, consider all submissions, endorse the officer response as the basis for the City’s submission to the Planning Panel, request the Minister for Planning to appoint a Planning Panel, and refer all submissions to that Panel under Part 8 of the Planning and Environment Act 1987. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, p.33) The agenda stated that a further report would be presented to Council after the Planning Panel’s recommendations, enabling Council to decide whether to adopt the amendment. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, p.32)
The exhibited amendment material listed indicative panel dates of a directions hearing in the week starting Monday 18 May 2026 and a panel hearing in the week starting Monday 15 June 2026. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, p.101) The available source does not include any later panel report, Council adoption decision, Ministerial approval, or gazettal notice. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf)
Dependencies
- Blocks: HO940 would block demolition or inappropriate development of the identified stone dwelling and stone wall from proceeding without heritage assessment under the planning scheme once the overlay is approved. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, p.111)
- Blocked by: The proposed control is blocked by completion of the Amendment C285gben process, including panel consideration of submissions and later Council and Ministerial decisions. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.32-33, p.101)
- Informed by: The HO940 proposal is informed by a commissioned citation and statement of significance for Sheard’s House and Orchard Wall, with the statement of significance dated December 2023. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.106-107, p.111)
- Implements: The proposal implements Clause 15.03-1S Heritage Conservation and the Greater Bendigo Municipal Planning Strategy direction to protect sites, places and features of natural, archaeological and cultural heritage significance. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.120-122)
- Conflicts with: The available source does not identify a direct policy conflict for HO940, but it does show that Amendment C285gben as a whole has unresolved submissions about vegetation-protection controls on public land. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.32, 34-37)
Cross-Jurisdictional Links
No cross-jurisdictional infrastructure, servicing or regional-planning dependency is identified for HO940 in the available source. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf) Relevant agency responses to the broader Amendment C285gben included no objection from Goulburn-Murray Water and no objection from Head, Transport for Victoria, but those responses addressed the amendment package rather than a specific HO940 issue. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.96-98)
Gaps in This Analysis
The core gap is the absence of the December 2023 Statement of Significance itself. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.106-107) Without that document, this page cannot analyse the specific heritage criteria, comparative examples, intactness, fabric-by-fabric significance, or whether external paint controls, internal alteration controls, tree controls, outbuilding controls or prohibited-use provisions are proposed for HO940. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.106-107, p.122)
The second gap is the absence of the HO940 map sheet at a readable scale. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.105-107, p.128) Without the map geometry, this page cannot quantify how much of each affected lot is inside the overlay, whether the curtilage follows title boundaries or wall alignment, or how the road-reservation controls interact with future public-realm works. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.105-107, p.128)
The third gap is the absence of the underlying subdivision application for 13 Tennyson Street. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, p.111) Without that permit file, this page cannot assess whether HO940 changes subdivision layout, access, boundary treatment, construction staging, or permit conditions for land adjoining the orchard wall. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, p.111)
The fourth gap is procedural. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.32-33, p.101) The available source stops at the council agenda stage and does not include the Planning Panel report, Council’s post-panel decision, Ministerial approval decision, or gazettal status for Amendment C285gben. (Source: Council Meeting Agenda - Monday April 20, 2026.pdf, pp.32-33, p.101)