HERITAGE COUNCIL HEARINGS PROTOCOL 4
Lodging Amended Plans
1.The permit applicant in a permit appeal before the Heritage Council may seek to amend any plan. To lodge amended plans the permit applicant must:
(a)Within fourteen (14) days of being notified of the hearing date by the Heritage Council, lodge with the Heritage Council Hearings Officer four (4) copies of the following documents:
(i)notice of application to amend plans (see attached);
(ii)clearly readable, scaled copy of the amended plans; and
(iii)a statement in writing describing the changes from the previous plans.
(b)Within fourteen (14) days of being notified of the hearing date by the Heritage Council, serve on any party to the appeal the following documents:
(i)a notice of application to amend plans;
(ii)a clearly readable, scaled copy of the amended plans;
(iii)a statement in writing describing the changes from the previous plans;
(iv)a copy of this protocol; and
(v)a covering letter which states that parties have 10 days in which to lodge an objection to the application to lodge amended plans, and that detailed information about how to object is contained within the enclosed Protocol 4.
For the purposes of 1(b), the Heritage Council Hearings Officer will provide a list of parties and their contact details to the permit applicant upon request.
(c)Unless the Heritage Council otherwise directs, serve on any person who made a submission as a result of publicnotification of the permit application (and who is not a party to the appeal) the following documents:
(i)a notice of application to amend plans,
(ii)a statement in writing describing the changes from the previous plans;
(iii)a copy of this protocol; and
(iv)a covering letter which states that 10 days is allowed for lodgement of an objection to the application to lodge amended plans, and that detailed information about how to object is contained within the enclosed Protocol 4.
Any person notified of the amendment application pursuant to clause 1(c)may request a copy of the amended plans from the permit applicant. Upon receipt of such a request in writing, the permit applicant must supply the person making the request with a clearly readable scaled copy of the amended plans at the permit applicant’s expense within five (5) days.
(d)Promptly after service of the documents referred to in clauses1(b) and 1(c), lodge with the Heritage Council Hearings Officer, a statement of service of documents (see attached).
2.Within ten (10) days of receiving notice of an application to amend plans, any party or person notified may lodge with the Heritage Council Hearings Officer:
(a)a written objection to the amendment application setting out the reasons for the objection; or
(b)a written request for an adjournment of an appeal listed for hearing in order to give the person sufficient time to consider the amended plans; or
(c)a written application for directions in relation to the amendment application including directions that further notice of the amendment application be given.
A copy of any objection, application or request must be delivered or posted to the permit applicant (or the representative of the permit applicant) at the time it is lodged with the Heritage Council Hearings Officer.
Astatement of service of the documents (see attached) must be lodged with the Heritage Council Hearings Officer promptly after such service.
3.The Heritage Council, either on its own initiative or on an application by any party or person notified of the amendment application, may:
(a)adjourn an appeal listedfor hearing to enable any objection, request or application under clause 2to be dealt with;
(b)fix a date for a hearing to consider the amendment application;
(c)direct that the amendment application be dealt with at the commencement of the hearing of the appeal;
(d)make any such order as it thinks fit.
4.After considering the permit applicant’s amendment application, the Heritage Council may:
(a)allow the application;
(b)disallow the application;
(c)allow the application in part.
5.In the event that a permit applicant wishes to make an amendment application but has not complied with the timeframe stipulated in clause 1, the permit applicant may make an amendment application to the Heritage Council at the hearing of the appeal.The Heritage Council has discretion to allow the amendment application on such terms as it sees fit.
APPLICATION TO AMEND PLANS
(To be completed by the permit applicant)
Appeal/Hearing Details
Heritage Council Appeal/Hearing No: ______Scheduled Hearing Date: ______
Place/Object Name, VHR No. and Address:______
______
Details of Permit Applicant
Applicant Name and Address: ______
Representative Name and Address: ______
Business Hours/Mobile No: ______
Contact email address: ______
To: (name) ______
of: (address) ______
An application has been made to the Heritage Council to amend plans in the above permit appeal matter. The Heritage Council has directed that the permit applicant serve the attached documents on you.
If you are not already a party to the hearing you can request the permit applicant to supply you with a copy of the amended plans. This request must be in writing. The permit applicant must supply you with a scaled copy of the amended plans within 5 days.
If you wish to object or be heard in relation to the application to amend the lodged plans you must, within 10 days of receipt of this notice, lodge with the Heritage Council Hearings Officer and the permit applicant:
(a)a written objection to the amendment application setting out the reasons for the objection; or
(b)a written request for an adjournment of the appeal hearing in order to give your sufficient time to consider the amended plans; or
(c)a written application for directions in relation to the amendment application including directions that further notice of the amendment application be given.
Please note that objections, requests and applications made will be publicly available.
After lodging your objection, request or application with the permit applicant, please fill in the attached ‘Statement of Service’ and lodge it with the Heritage Council Hearings Officer.
Contact details for the Heritage Council Hearings Officer are:
Address: 1 Spring Street, (GPO Box 2392) Melbourne 3001
Phone: 03 9208 3666
Email:
Signed (permit applicant or representative)______Date ______
STATEMENT OF SERVICE OF DOCUMENTS
To:Heritage Council Hearings Officer
Heritage Council of Victoria
1 Spring Street
(PO Box 2392)
MELBOURNE VIC 3001
Email:
Heritage Council Appeal/Hearing No: ______Scheduled Hearing Date: ______
Place/Object Name, VHR No. and Address: ______
______
I, (name) ______
of (insert address) ______
state to the Heritage Council of Victoria that
at (time of day) ______on (date of service) ______
I served the attached documents on the persons/parties mentioned in the attached documents
by (method of service) ______
*Note: Please ensure documents are attached
Signed______
Date______
Adopted by the Heritage Council
7 February 20131