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HV MCKAY MEMORIAL GARDENS AND CHURCH
118 - 122 ANDERSON ROAD SUNSHINE, BRIMBANK CITY
HV MCKAY MEMORIAL GARDENS AND CHURCH
118 - 122 ANDERSON ROAD SUNSHINE, BRIMBANK CITY
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Statement of Significance
What is significant?
The HV McKay Memorial Gardens and Church, laid out in 1909 to designs by FA Horsfall, a triangular site of approximately three hectares bounded by Anderson Road to the west, Chaplin Reserve to the south and a railway line to the east with sweeping lawns, pathways, specimen trees and a northern entrance featuring iron gates and a bluestone gatepost. It includes the HV McKay Memorial Church, designed by architect Raymond Robinson and completed by 1928; the associated brick pier and pipe fence along the Anderson Street boundary; two Canary Island date palms and objects integral to the church, being the pulpit and the ministers chair with memorial plaques to George McKay affixed to both. It also includes a modern railway footbridge, built 2013, which provides direct access between the Gardens and the former Massey Fergusson Complex (also known as ‘Sunshine Harvester Works’), located on the eastern side of the railway line.
How is it significant?
The HV McKay Memorial Gardens and Church is of historical significance to the State of Victoria. It satisfies the following criterion for inclusion in the Victorian Heritage Register:
Criterion A
Criterion A
Importance to the course, or pattern, of Victoria’s cultural history.
Criterion B
Criterion B
Possession of uncommon, rare or endangered aspects of Victoria’s cultural history.
Criterion H
Criterion H
Special association with the life or works of a person, or group of persons, of importance in Victoria’s history.
Why is it significant?
The HV McKay Memorial Gardens and Church are of historical significance as an integral part of an industrial complex of national importance in the history of Australian manufacturing. The HV McKay Memorial Gardens are a key component of the wider industrial complex envisaged by Hugh Victor McKay, which also included the Massey Fergusson Complex factory and offices (also known as ‘Sunshine Harvester Works’), a housing estate and a place of worship. [Criterion A]
The HV McKay Memorial Gardens and Church are also of historical significance as the location of an early and intact privately funded garden attached to an industrial site, catering primarily for the recreation needs of workers, their families and local residents. As one of only a few public gardens in the western suburbs in the early 1900s, these attractive Gardens achieved a high profile and provided a pleasant environment for community use. The Gardens achieved a reputation for horticultural excellence formerly exemplified by annual floral displays. [Criterion A]
The HV McKay Memorial Gardens and Church are significant as a rare and early example of a public garden established and maintained by an industrial firm. The role of the Gardens within the Massey Ferguson Complex can still be appreciated as the fabric of the Gardens is relatively intact and the spatial and visual relationship of the gardens to the factory site, church and housing estate is still readily understood. [Criterion B]
The HV McKay Memorial Gardens and Church are significant to the State of Victoria for their association with Hugh Victor McKay (1865-1926), an inventor and pioneer industrialist of national importance. McKay founded the Sunshine Harvester Works in 1889 which produced the Sunshine Harvester, a machine that revolutionised the wheat industry in Australia. McKay personally commissioned the establishment of the Gardens and donated a section of the land for the foundation of a Presbyterian Church. McKay also requested the construction of a footbridge over the railway line, allowing his employees to easily travel between the factory complex, the Gardens and the ‘Sunshine Estate’ company housing development to the west. [Criterion H]
The HV McKay Memorial Church is significant to the State of Victoria for its association with Hugh Victor McKay. The late Gothic style, red brick and stucco Presbyterian Church is on land donated by McKay and was built to replace an earlier timber Church. HV McKay contributed funds towards the construction of the new Church building and laid the foundation stone in 1926, shortly before his death. The Church was named the HV McKay Memorial Church upon its opening in 1928 in honour of this significant industrialist. Internally, it features a marble tablet and stained-glass window memorialising HV McKay. The pulpit and ministers chair feature commemorative plaques memorialising his brother, George McKay who died in 1927. [Criterion H]
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HV MCKAY MEMORIAL GARDENS AND CHURCH - History
Taken from H.V. McKay Memorial Gardens : Conservation Analysis and Management Guidelines, City of Sunshine and Sunshine and District Historical Society
CONTEXTUAL HISTORY
In 1904, Hugh Victor McKay was the proprietor of the Sunshine Harvester Works at Ballarat and purchased the land, plant and buildings of the Braybrook Implement Works. The site at Braybrook Junction was close to the railway access and convenient to the wharfs, and work commenced on establishing of a new factory. In 1906, the initial transfer from Ballarat had proceeded and a year later the locality around the new factory was named Sunshine.
Within three years of commencing operations at Sunshine, McKay was employing 1,000 workers. McKay purchased land and financed employees who desired to build. He commissioned the forming of streets, provided utility services and plated rows of street trees. The housing scheme implemented in Sunshine was conceived along the lines of the British “garden suburbs” with generous size allotments and the encouragement of home gardening.
As an amenity for his workers, Mckay planned a garden, west of his factory and across the railway line. Hence the development of the Sunshine Gardens, now known as the H.V McKay Memorial Gardens. His philosophy was expressed by the following quote:
We are taking a business risk in spending 1000 pounds a year, because we believe that gardens, parks, bowling greens and so forth have an uplifting influence on the people, and make them feel more satisfied than they are when the surroundings of their homes are dull and unattractive. (Freestone, R 1989. Model Communities; The garden city movement in Australia. Nelson )
HISTORY OF PLACE
In 1909, McKay commissioned S.G Thompson to prepare the site and a Mr Horsfall, of whom little is known, drew plans. He is described as “a well known landscape gardener from Ballarat” (Sunshine Advocate, 11th May 1934, pg. 1) The first year was spent filling and levelling the site. There is no record of the original layout of the Gardens. McKay donated land for the establishment of church buildings beside Anderson Road, and the first weatherboard church was dedicated on 9th October 1910.
By 1917, it is recorded that the Gardens included: a pavilion for the bowling green, construction of a timber pavilion adjacent to Anderson Road, gravel walks, shrubberies, flower beds, grass plots, a bandstand and a tennis court with a small shelter. All this early work was developed under the supervision of Mr Thompson. The Sunshine Gardens, were held in high regard by the local residents and workers associated with the Sunshine Harvester Works. The reputation of the Gardens rested on the framework provided by the trees and hedges, and the layout of the lawns and flower beds. The mass bedding of annuals and perennials was spectacular, with particular emphasis on the variety and quality of chrysanthemums. The Gardens were used for lunch by the workers; but also by the general community for picnics, open-air concerts and for general relaxation. During the ‘flu epidemic of 1918 – 1919, the church services were geld in the Garden. It claimed 11, 989 Australian lives and the Australian Community were advised not to attend public meetings or gatherings in an enclosed building because of the risk of infection.
During the years associated with the First World War (1914 – 1918), McKay held and annual carnival for war charities on Chaplin Reserve- where two old electric trams served as pavilions. It is understood that the trams came from the first electric tramway in Australia. H.V McKay had bought the trams and had the motors removed for use in the factory. In the early 1920’s, local enthusiastic gardeners founded the Sunshine Horticultural Society. The bandstand in the Sunshine Gardens was a popular venue for the local bands, including the Sunshine Harvester Works Pipe Band, which played in the Sunshine Gardens and for public functions in other venues. At this time, the gateposts at the northern end of the Gardens were installed. They include a pair of hand sculptured gate posts of bluestone and have a Gothic Design. McKay’s father (Nathaniel McKay, a stonemason) crafted them for the Scots Church, Collins Street, Melbourne. The gates were first moved to Sunshine during the 1920’s, and places in front of the office at the Harvester Works. Later, the gates were relocated to the northern entrance of the Sunshine Gardens, and supported by the addition of the two concrete pillars.
The period from 1909 to 1926 represents the development of the Gardens during the lifetime of H.V McKay. During this period, a large number of workers and their families were supported by the employment at the Sunshine Harvester Works. It is inevitable that the Sunshine Gardens, and the development of Sunshine itself, were used by McKay to promote the settlement of a harmonious group of people in an otherwise bland and exposed environment on the basalt plains. It is a tribute to McKay’s foresight as an industrial entrepreneur that he should use the English model of the “garden city”, and that he supported financially not only the infrastructure, but the lifestyle of the community as well. In many respects, the H.V McKay Memorial Gardens are an excellent tribute to these endeavours.
To fit in with the jubilee of the Harvester Works and the Centenary of Victoria (1934), special preparations were made in the gardens. At the north end, near Anderson Road, a number of trees were removed, new flowerbeds were constructed and gravel paths made. A rustic arbor seat and several pergolas were built and these were planted with suitable foliage. ‘Thousands of seed of all descriptions never before seen in the gardens were being raised’, commented CG Carlton in the Sunshine Advocate, ‘and will be replanted in time for full blooming in October’. The seed was imported from Sutton’s, the world famous English firm.
In his informative article, Carlton traced the history of the gardens and wrote:
‘It has been stated in authoritative quarters that form quality the Sunshine Gardens is not far from the top suburban gardens…..In no part of Australia is a public garden provided by private enterprise, as is the case with the Sunshine Gardens. To say that the cost of the formation and upkeep has cost the McKay family 20,000 pounds would be to quote a low figure….Harmony in colour is the keynote, and this year Mr Willan and his staff have excelled themselves. Chrysanthemums, in some instances, ten inches across, are blended in magnificent colourings – and the beautiful border plants, combined with the green carpet like lawn, make and entrancing scene. There are over 400 pot plants of all descriptions in the green house. (8)’
Harold Gray held the position of curator from 1939-50, replacing James Willan. Gray was a relative of Curator Gray of the Kyneton Botanic Gardens. Photographs taken in the 1940s show the glasshouse, neat gravel paths with tufa edging, well-kept lawns and the initial tree plantings maturing. Control of the McKay Gardens was transferred to the newly established City of Sunshine in October 1953, with the one condition that it preserve the gardens and allow the Bowling Club occupancy of the Bowling Green. A year later the Hugh V McKay Memorial Fund funded gates as a memorial to McKay, with a site in Barclay Reserve, opposite the northern entrance to Sunshine Gardens in mind. The surviving McKay children wrote to the council saying that whilst they did not wish to comment directly on the issue, they felt that;
‘Fathers memorial is here in Sunshine already: It is our hope that the gift of the Sunshine Gardens’ by HV McKay Harris Pty Ltd to the City would perhaps be marked by a decision of your council to regard them as ‘The HV McKay Memorial Gardens’. Such a decision, we have reason to believe, would be welcomed by the Directors of the Company, but neither we nor they feel that the gift should be made with any such condition…. the Gates, for which the money has been so generously subscribed by the people of Sunshine, could be suitably placed as a principal feature of such a memorial.’
Hence, the Council resolved in October 1953 to erect the gates at Barclay Reserve and to also rename the Sunshine Gardens ‘The HV McKay Memorial Gardens.’
In 1961 the Sunshine Presbyterian Church sought to erect a new presbytery on land in the gardens north of the Church. A permit was issued in 1962 and a residence erected.
The early design and development of the Gardens resulted in a public park that was a focus of civic pride. The general appearance and layout was typical of the “Gardenesque” style that was common to municipal parks and gardens developed in Melbourne from the turn of the century. In this sense, the term “Gardenesque” refers to the use of sweeping lawns, garden beds for massed and colourful floral display, curvilinear paths and specimen trees through the lawn.
Tree plantings are the major feature remaining from the early period of development as well as the conservatory and some sections of early path layout (notably along the railway and southern boundaries).
In more recent years a number of works have been carried out and these include in chronological order:
1960 bowling club extended to its present size; original tennis court removed
1970’s large introduction of Australian shrubs, many paths grassed over and a new rockery established.
1975 Concrete paths installed under RED scheme, works area re-organised and unrestricted public access to glasshouse permitted
1977 demolition of curator’s residence
1980’s introduction of rose beds at northern end of gardens
1998 Conservatory was destroyed in fire.
Associated People: HV McKay
FORMER STATEMENT OF SIGNIFICANCE (AMENDED MAY 2022)
Hugh Victor McKay established the Sunshine Harvester Works in 1889, which produced the Sunshine Harvester for grain harvesting, revolutionising the wheat industry in Australia. McKay had developed the first stripper harvester in the 1880s which became the prime machine for grain harvesting in Australia. McKay moved his works from Ballarat to Braybrook Junction in 1906 and the locality was renamed Sunshine in the following year. The facility expanded to become one of the largest manufacturing industries in Australia, producing a wide range of agricultural implements. Within three years of commencing operations at Sunshine Harvester Works, McKay was employing 1,000 workers.
McKay purchased land and had a suburb designed along garden city principles. As an amenity for his workers in 1909, McKay established a garden across the railway line to the west of the factory, first known as the Sunshine Gardens, and later as the McKay Memorial Gardens. McKay was inspired by recent overseas industrial village precedents and by garden city planning ideals. The workers estate at Sunshine was a planned suburb with similarities to British garden suburbs such as Bourneville and Port Sunlight. Part of the concept was the provision of community infrastructure and McKay had provided finance for the railway station, church, hospital, electric lighting and windbreaks. McKay received the highest public acclaim for the provision of the Gardens.
The H V McKay Memorial Gardens are triangular in plan, bounded by the railway line, Anderson Road and Chaplin Reserve. The main area of the Garden was designed in the Gardenesque style with sweeping lawns, curving paths, garden beds for floral displays and specimen trees through the lawn. The railway line boundary features a long garden bed with dense border planting. At the northern entrance off Anderson Road, there is an iron gate with concrete posts as well as a bluestone gatepost. The gates were the work of Charlie Pippett (circa 1920) who was a blacksmith at H V McKay Sunshine Harvester Works and the bluestone gatepost is thought to be the work of Nathaniel McKay (father of H V McKay) who made the fence and posts for the Scots Church in Collins Street.
Within the Garden a number of facilities were established including a tennis court, bowling green, bandstand, conservatory and Curator's House. The bowling green was extended in the 1960s over the existing tennis courts with a negative impact on the coherence of the gardens. The bandstand was removed possibly in the 1960s and the conservatory was burnt down and demolished in the 1990s. A timber Presbyterian Church had been established on Anderson Road in 1907. Its land was enclosed by the gardens and McKay donated adjacent land for the new church which was built in 1926-8.
The garden is directly linked to the entrance to the former Sunshine Harvester Works site by a railway footbridge. The footbridge was an amenity used almost solely by workers moving to and from work, giving access to the gardens for their recreation. The Works were largely demolished in the 1990s and the clock tower and iron gates now mark the factory entrance. H V McKay requested that Victorian Railways build a foot crossing over the lines at Devonshire Road in 1907. The footbridge was built in two spans over the four main lines (Ballarat and Bendigo lines) as well as two siding lines. The main beams of the original timber bridge of 1911 were soon replaced with steel joists. An extra span was added to cross the roadway (Harvester Road) in 1930, and this span was widened again with roadworks in 1997. The decking, handrails and risers of the older sections are in timber. Safety fences protecting the main lines are of pickets and stairs are protected by galvanised wire mesh.
The H V McKay Memorial Gardens and Railway footbridge is of historical , social and aesthetic (landscape) significance to the State of Victoria.
The H V McKay Memorial Gardens and Railway Footbridge are of historical significance as an integral part of an industrial complex of national importance in the history of Australian manufacturing. This importance is now heightened by the demolition of most of the factory buildings. The gardens and railway footbridge remain immediately adjacent to the factory site, and both elements retain fabric from the period in which the factory and adjacent suburb were established.
The H V McKay Memorial Gardens and the Railway Footbridge are historically significant to the State of Victoria for their association with H V McKay who was an inventor and pioneer industrialist of national importance. McKay was personally involved with the establishment of the gardens.
The H V McKay Memorial Gardens are of historical significance as an early, rare and intact privately funded garden, attached to an industrial site, catering primarily for the recreation needs of workers, their families and local residents. Due to lack of public gardens in Sunshine and western Melbourne generally, the Gardens achieved a high profile. This was enhanced by their reputation for horticultural excellence formerly exemplified by annual floral displays. There are few other examples in Victoria, or Australia, of public gardens given and maintained by an industrial firm. More recent sites of a similar type include gardens for workers at the Footscray Ammunition Factory, Gordon Street, Footscray (mid-late 1920s) and Fletcher Jones Gardens, Warrnambool (1940s ? 1950s).
The H V McKay Memorial Gardens and Railway Footbridge are of historical significance as they form a key component of a wider complex envisaged by McKay, which also included the factory, offices and a housing estate for the workers. The McKay Gardens and associated elements in Sunshine are a rare and early example of the application of garden city planning principles. The role of the Gardens in the scheme can still be appreciated as the fabric of the Gardens is relatively intact and the spatial relationship of the gardens to the factory site and housing estate is still readily understood.
The H V McKay Memorial Gardens and the Railway Footbridge are of social significance as a tangible link to the era when the factory was in operation. There are still strong memories in the community of the Gardens and footbridge in their roles of access routes to and from the factory and as a recreational area for the workers. The main pedestrian route for workers from the housing areas to the west of the railway line to the Sunshine Harvester Works was through the Gardens and across the railway footbridge. With the factory largely demolished in 1992 and the high level of housing and retail redevelopment in the area, the McKay Memorial Gardens are now a particularly important reminder of the dominance of the industrial activity in the life of the local community. The footbridge is particularly demonstrative in this regard, as it is the only access of any kind across the railway line for several hundred metres and this route leads immediately to the front gates of the factory.
The H V McKay Memorial Gardens is of aesthetic (landscape) significance for its relationship to its surroundings. The Gardens appear as an 'oasis' in the heart of a densely developed industrial and residential area, which is enhanced by strong boundary planting.HV MCKAY MEMORIAL GARDENS AND CHURCH - Permit Exemptions
General Exemptions:General exemptions apply to all places and objects included in the Victorian Heritage Register (VHR). General exemptions have been designed to allow everyday activities, maintenance and changes to your property, which don’t harm its cultural heritage significance, to proceed without the need to obtain approvals under the Heritage Act 2017.Places of worship: In some circumstances, you can alter a place of worship to accommodate religious practices without a permit, but you must notify the Executive Director of Heritage Victoria before you start the works or activities at least 20 business days before the works or activities are to commence.Subdivision/consolidation: Permit exemptions exist for some subdivisions and consolidations. If the subdivision or consolidation is in accordance with a planning permit granted under Part 4 of the Planning and Environment Act 1987 and the application for the planning permit was referred to the Executive Director of Heritage Victoria as a determining referral authority, a permit is not required.Specific exemptions may also apply to your registered place or object. If applicable, these are listed below. Specific exemptions are tailored to the conservation and management needs of an individual registered place or object and set out works and activities that are exempt from the requirements of a permit. Specific exemptions prevail if they conflict with general exemptions. Find out more about heritage permit exemptions here.Specific Exemptions:Permit Exemptions
The following permit exemptions are not considered to cause harm to the cultural heritage significance of the HV McKay Memorial Gardens and Church.
Presbyterian Church - General- Minor repairs and maintenance which replaces like with like. Repairs and maintenance must maximise protection and retention of significant fabric and include the conservation of existing details or elements. Any repairs and maintenance must not exacerbate the decay of fabric due to chemical incompatibility of new materials, obscure fabric or limit access to such fabric for future maintenance.
- Maintenance, repair and replacement of existing external services such as plumbing, electrical cabling, surveillance systems, pipes or fire services which does not involve changes in location or scale.
- Repair to, or removal of items such as antennae; aerials; and air conditioners and associated pipe work, ducting and wiring.
- Painting of previously painted external and internal surfaces in the same colour, finish and product type provided that preparation or painting does not remove all evidence of earlier paint finishes or schemes. This exemption does not apply to areas where there are specialist paint techniques such as graining, marbling, stencilling, hand-painting, murals or signwriting, or to wallpapered surfaces, or to unpainted, oiled or varnished surfaces.
- Cleaning including the removal of surface deposits by the use of low-pressure water (to maximum of 300 psi at the surface being cleaned) and neutral detergents and mild brushing and scrubbing with plastic (not wire) brushes.
Presbyterian Church - Interiors- Maintenance, repair and replacement of existing internal services such as plumbing, heating, fans, public address systems, projector screens and fire services which does not involve changes in location or scale.
- Removal or replacement of smoke and fire detectors, alarms and the like, of the same size and in existing locations.
- Installation, removal or replacement of carpets and/or flexible floor coverings, window furnishings, internal door hardware and devices for mounting wall hung artworks, plaques and the like.
- Maintenance, repair and replacement of post-1960s light fixtures, tracks, light switches, power outlets and the like in existing locations. This permit exemption does not relate to the original orb lights along the northern and southern walls of the nave of the Church.
- Installation, removal or replacement of existing electrical wiring and cabling. If wiring is currently exposed, it should remain exposed. If it is fully concealed it should remain fully concealed.
- Installation of exit signs, fire services and other equipment necessary to comply with safety regulations.
- Installation of plant within the roof space, providing that it does not impact on the external appearance of the building or involve structural changes.
- Installation, removal or replacement of bulk insulation in the roof space.
Registered Objects Integral to the Registered Place (Pulpit and Ministers Chair)- The temporary relocation or movement of the above listed moveable Registered Objects Integral to the Registered Place within the buildings where they are currently located.
- Temporary external movement, relocation or loan of the above moveable Registered Objects Integral to the Registered Place to Australian or Victorian government cultural institutions which have materials conservation departments, where the activity is undertaken or supervised by qualified conservators, and performed in accordance with the accepted standards, policies and procedures of the borrowing organisation concerned. The Executive Director must be notified of all such activities and the before and after loan reports prepared by the materials conservation department of the government cultural institution must be forwarded to the Executive Director.
Presbyterian Church Hall (1978)- Repairs and maintenance which replaces like with like.
- Maintenance, repair and replacement of existing external services such as plumbing, electrical cabling, surveillance systems, pipes or fire services.
- Repair to, or removal of items such as antennae; aerials; and air conditioners and associated pipe work, ducting and wiring.
- Painting of previously painted external surfaces in the same colour.
- All works to the interiors of the Church Hall.
Presbyterian Church and Church Hall - Garden areas
Hard landscaping and services- Subsurface works to existing watering and drainage systems.
- Maintenance, repair or removal of existing hard landscaping including paving and footpaths.
- Maintenance, repair, replacement and/or removal of the children’s sand pit area and associated shelter to the east of the Church Hall.
- Removal or replacement of external signage.
- Installation of physical barriers or traps to enable vegetation protection and management of vermin such as rats, mice and possums.
Gardening, trees and plants- The processes of gardening including, but not limited to: mowing, pruning, mulching, fertilising, removal of dead or diseased plants, replanting of existing garden beds, creation of new garden beds, growing and harvesting produce, disease and weed control and maintenance to care for existing plants. Any new garden beds should be placed at a minimum of one metre from the Church building to avoid potential damp and drainage problems to the building.
- Maintenance, removal and/or replacement of existing fruit trees and the harvesting of any fruit that they bear.
- Removal of tree seedlings and suckers.
- Management of trees including formative and remedial pruning, removal of deadwood and pest and disease control.
- Emergency tree works to maintain public safety or prevent damage to buildings.
- Removal of environmental and noxious weeds.
Garden sheds, fencing and other temporary structures- Maintenance, repair, and/or removal of the garden shed and storage shed to the north and east of the Church building.
- All works within the interiors of the garden and storage sheds.
- Maintenance and repair of the boundary wire fence to the north, east and south-east of the Church building and Church Hall.
- Maintenance, repair, removal and/or replacement of the access gate and its associated fence to the south-east of the community garden.
Presbyterian Church Manse (1962)- Repairs and maintenance which replaces like with like.
- Maintenance, repair and replacement of existing external services such as plumbing, electrical cabling, surveillance systems, pipes or fire services.
- Repair to, or removal of items such as antennae; aerials; and air conditioners and associated pipe work, ducting and wiring.
- Painting of previously painted external surfaces in the same colour.
- All works within the interiors of the Manse building.
- Replacement of the existing garage door and garage front with a roller door and matching Colorbond sheet in a neutral colour or Zincalume.
- Replacement of the Manse metal roof with a metal roof with the same profile or corrugated profile either in a light colour Colorbond or Zincalume.
Presbyterian Church Manse - Garden areasAll Hard landscaping and services permit exemptions and all Gardening, trees and plants permit exemptions as listed for the Presbyterian Church and Church Hall, plus:- Maintenance, repair and/or removal of the existing south, east, north and west boundary fence.
- The erection of a corrugated galvanised steel or corrugated Colorbond fence up to 2 metres in height on the existing south and east boundary to enclose and provide privacy for the outdoor area to the south-east of the Manse. The colour of the fence should closely match the colour of the existing fence on the southern boundary.
- The installation, maintenance, repair, removal and/or replacement of outdoor structures such as clotheslines, barbecues and the like within the areas to the south-east and north of the Manse.
HV McKay Memorial Gardens
Landscape/ outdoor areas
Gardening, trees and plants:- The processes of gardening including mowing, pruning, mulching, fertilising, removal of dead or diseased plants (excluding trees), replanting of existing garden beds, disease and weed control and maintenance to care for existing plants.
- Management and maintenance of trees including formative and remedial pruning, removal of deadwood and emergency tree works to maintain public safety.
- Removal of tree seedlings and suckers without the use of herbicides.
- Removal of plants listed as noxious weeds in the Catchment and Land Protection Act 1994.
- Installation of physical barriers or traps to enable vegetation protection and management of vermin such as rats, mice and possums.
Hard landscaping and services:- Like for like repair and maintenance of existing hard landscaping including paving, footpaths and driveways where the materials, scale, form and design is unchanged.
- Installation, removal or replacement of garden watering and drainage systems including subsurface works provided these are outside the canopy edge of trees. Existing lawns, gardens and hard landscaping, including paving, footpaths and driveways are to be returned to the original configuration and appearance on completion of works.
- Regular repair and maintenance of standard park furniture and facilities, including park seating and shelters, lighting and rubbish and recycling bins. This exemption does not include installation of additional infrastructure.
- Installation, maintenance, repair and replacement of existing external services such as plumbing, electrical cabling, surveillance systems, pipes or fire services which does not involve changes in location or scale, additional trenching or construction of built form.
- Removal or replacement of non-commercial or directional signage provided the size, location and material remains the same.
- Attachment, operation, maintenance and removal of wireless CCTV/litter enforcement cameras, where they are affixed to existing lighting poles and do not require the installation of new support structures or infrastructure.
Events
The erection of lightweight temporary infrastructure including marquees and tents associated with events of up to seven days in duration provided that these are not located within the canopy edge of trees.
2013 footbridge- All works associated with the repair, maintenance and safety of the existing modern footbridge (including lift and stair access ways) provided the work does not require permanent removal of interpretation elements.
- Works required to maintain or repair interpretation elements installed on the footbridge including replacing like for like as required.
Rail infrastructure within the rail corridor (below and surrounding the footbridge)- Maintenance and repairs which allow for the safe operation of rail services to occur including:
- Works to the rail tracks, sleepers and ballast.
- Works to electric or electronic signalling equipment.
- Works to stanchions, overhead wiring, power lines and other cables required for operational and safety purposes for daily use of the rail corridor.
- Installation of electrical and fire services and security lighting.
- Removal, replacement, and installation of safety barriers.
- Works to landscape elements in the rail corridor.
- Works to maintain and manage existing power poles and lines.
High Pressure Petroleum Pipeline
Repairs, maintenance and replacement of pipeline and associated signage and infrastructure. Existing lawns, gardens are to be returned to the original configuration and appearance on completion of works.
HV MCKAY MEMORIAL GARDENS AND CHURCH - Permit Exemption Policy
Introduction
The purpose of this information is to assist owners and other interested parties when considering or making decisions regarding works to a registered place. It is recommended that any proposed works be discussed with an officer of Heritage Victoria prior to making a permit application. Discussing proposed works will assist in answering questions the owner may have and aid any decisions regarding works to the place.
It is acknowledged that alterations and other works may be required to keep places and objects in good repair and adapt them for use into the future. However, under the Heritage Act 2017 a person must not knowingly, recklessly or negligently remove, relocate or demolish, damage or despoil, develop or alter or excavate all or any part of any part of a registered place without approval. It should be noted that the definition of ‘develop’ in the Act includes any works on, over or under the place.
If a person wishes to undertake works or activities in relation to a registered place or registered object, they must apply to the Executive Director for a permit. The purpose of a permit is to enable appropriate change to a place and to effectively manage adverse impacts on the cultural heritage significance of a place as a consequence of change. If an owner is uncertain whether a heritage permit is required, it is recommended that Heritage Victoria be contacted.
Permits are required for anything which alters the place or object, unless a permit exemption is granted. Permit exemptions usually cover routine maintenance and upkeep issues faced by owners as well as minor works or works to the elements of the place or object that are not significant. They may include appropriate works that are specified in a conservation management plan. Permit exemptions can be granted at the time of registration (under section 38 of the Act) or after registration (under section 92 of the Act). It should be noted that the addition of new buildings to the registered place, as well as alterations to the interior and exterior of existing buildings requires a permit, unless a specific permit exemption is granted.
Disrepair of registered place or registered object
Under section 152 of the Act, the owner of a registered place or registered object must not allow that place or object to fall into disrepair.
Failure to maintain registered place or registered object
Under section 153 of the Act, the owner of a registered place or registered object must not fail to maintain that place or object to the extent that its conservation is threatened.
Conservation management plans
A Conservation Management Plan was completed by Brimbank City Council in November 2017.
Archaeology
There is no identified archaeology of State level significance at the place. However, any works that may affect historical archaeological features, deposits or artefacts at the place is likely to require a permit, permit exemption or consent. Advice should be sought from the Archaeology Team at Heritage Victoria.
Aboriginal cultural heritage
To establish whether this place is registered under the Aboriginal Heritage Act 2006 please contact First Peoples – State Relations. The Heritage Act 2017 and the Aboriginal Heritage Act 2006 are separate pieces of legislation. Please be aware that both Acts are required to be satisfied and satisfying the requirements of one Act may not satisfy the requirements of the other.
If any Aboriginal cultural heritage is discovered or exposed at any time it is necessary to immediately contact First Peoples – State Relations to ascertain requirements under the Aboriginal Heritage Act 2006. If works are proposed which have the potential to disturb or have an impact on Aboriginal cultural heritage it is necessary to contact First Peoples – State Relations to ascertain any requirements under the Aboriginal Heritage Act 2006.
Other approvals
Please be aware that approval from other authorities (such as local government) may be required to undertake works.
Notes- All works should ideally be informed by a Conservation Management Plan prepared for the place. The Executive Director is not bound by any Conservation Management Plan and permits still must be obtained for works suggested in any Conservation Management Plan.
- Nothing in this determination prevents the Heritage Council from amending or rescinding all or any of the permit exemptions.
- Nothing in this determination exempts owners or their agents from the responsibility to seek relevant planning or building permits where applicable.
General Conditions- All exempted alterations are to be planned and carried out in a manner which prevents damage to the fabric of the registered place.
- Should it become apparent during further inspection or the carrying out of works that original or previously hidden or inaccessible details of the place are revealed which relate to the significance of the place, then the exemption covering such works must cease and Heritage Victoria must be notified as soon as possible.
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JOHN DARLING AND SON FLOUR MILLVictorian Heritage Register H0829
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MASSEY FERGUSON COMPLEXVictorian Heritage Register H0667
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HV MCKAY OFFICESVictorian Heritage Register H1966
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'Aqua Profonda' sign wall sign, Fitzroy Swimming PoolYarra City H1687
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'DRIFFVILLE'Boroondara City
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1) WEATHERBOARD FARM HOUSE AND 2) THE OUTBUILDINGSNillumbik Shire
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Notes See all notes