Moorabool C85moor (PSA) [2025] PPV 49 | Case summary

Moorabool C85moor (PSA) [2025] PPV 49 | Case summary | Zoe

[632]

- Demolition of side or rear fences unless they are specified in the Schedule to the Heritage Overlay or identified as a Significant feature in a Statement of Significance.
- Construction of side and rear fences, where the fences are:
- Timber paling, and
- No higher than 1800mm at the highest point, and
- Raked to the height of the front fence in the front setback
- Construction of an outbuilding where all of the following apply:
- is located to the rear of the rear major wall line of the building;
- is not located on a corner property or a property with two street frontages;
- is of an area less than 10 square metres in total;
- is of no greater height than 3.0 metres from natural ground level at the highest point;
- has an eave height at natural ground level no greater than the eave height of the existing building;
- is detached from the existing building;
- is set back from the existing building a minimum distance of 3.0 metres at its closest point;
- Construction or extension of an open-sided pergola, verandah, deck or other similar structure, including those attached to an existing building, where all of the following apply:
- the construction does not require the removal or concealment of a Significant feature identified in a Statement of Significance;
- the construction does not require the demolition or removal of any outbuildings or structures which are separate to the main building;
- it is located to the rear of the existing building as shown in figure 3;
- the highest point of the structure does not exceed 3.0 metres from natural ground level or the eave height of the existing building, whichever is lesser;
- the finished floor level of the structure is no greater than 800mm above ground level;
- it is not located on a corner property or a property with two street frontages.
- Installation of domestic services normal to a dwelling located to the rear of the main building (see figure 3), or where all of the following apply:
- is not located on the front wall of the building;
- is not located on the front or side roof planes of the building;
- is set back from the major wall line no less than 4.0 metres;
- does not project above the ridgeline of the building;
- is not visible from the street.

[731]

The premises at Ballan now being erected by Mr. B. Hirsch present an imposing appearance, and can be seen from all parts of the township. The centre portion of the building is about 30 feet high, and the space covered by the foundations (which are of bluestone) is 48 feet by 36 feet. The building is constructed principally of hardwood from Mr. Blake's mills, and the moulded weatherboards for which his mills are famed show to great advantage in the building. A great quantity of soft wood will be used for the inside linings and floors. The building is formed of a centre portion 36 feet in depth by a width of 18 feet, and containing two floors, with a commodious loft or attic forming a third floor. On each side of this centre portion two wings are erected, the roofs of which are carried up to about half the height of the sides of the first floor of the centre building, consequently they support or buttress the main building, and at the same time afford space for two large spaces 15 feet wide, and36 feet deep, on each side of the centre building. Above these spaces, and level with the first floor, there are narrow rooms intended for storage purposes. The ground floor plan presents a centre shop 36 feet by 18 feet, flanked by the aforesaid wings, which are divided into four rooms, the two front ones being 16 feet by 15 feet, and the two rear ones 20 feet by 15 feet. Viewed from the exterior the building resembles a large quartz battery house, but is much more substantially built in respect to the supports for the upper floors, and shows a better finish. Mr. Hirsch is his own architect and builder, and employs day labour. One novelty he has introduced to- the notice of his neighbours-and his whole proceedings are a novelty-is the coating of all the wood used with what is known' as water glass, a liquid wash which has hitherto been used for stone or cement work only. He believes it will protect his building greatly against the severe climate of Ballan, and also render it less liable to destruction by fire. Perhaps he has applied it rather soon before the sap is out of the wood, but if not there is no doubt that the silicate will be of considerable value to the building. The business which Mr. Hirsch intends carrying on is that of the manufacture of worsted socks, with machines which produce an article equal to the Scotch and German handmade socks, which are seamless, and much more comfortable to wear and more durable than other machine-made socks. ... Mr. Hirsch will stock his premises with sewing machines, furniture, and wholesale groceries. Moreover he contemplates making his own gas, both for lighting and warming purposes, and his ambitious ideas do not even stop there, for he hints at making his own worsted, as the machinery in the colony for the purpose does not give a sufficiently strong staple for his purposes.24F[25]

[757]

BA017 Everleigh, 77 Inglis Street: Built in 1896,60F[61] the symmetrical, timber weatherboard dwelling has a hipped roof form at the front and a projecting front convex verandah supported by cast iron columns with decorative cast iron bracket and balances. The symmetry is emphasised by the red brick chimneys and the central front door opening with flanking timber framed tripartite double hung windows. The dwelling has high integrity when viewed from the front, and has a timber picket front fence. The hipped roofed composition and front verandah of Everleigh is directly comparable to the dwellings in Steiglitz Street, although Everleigh is a more elaborate example.
BA018 Dwelling, 78 Inglis Street:61F[62] built in c.1894, this dwelling has a similar hipped roof form, central timber door openings and flanking windows at the front, and symmetrically composed chimneys. However, the return verandah and scale of the dwelling is not directly comparable to most of the dwellings at 91-97 Steiglitz Street (the scale appears to be comparable to the dwelling at 93 Steiglitz Street).
BA020 Former Doctor Salter's Medical Rooms 81 Inglis Street:62F[63] built in c.1890, the residence is a symmetrical timber weatherboard Victorian styled dwelling has a hipped roof form and a front hipped verandah. The verandah is supported by turned timber posts with cast iron brackets and valances. There are original rendered brick chimneys with multi-corbelled tops and terra cotta pots, and a central doorway flanked by timber framed double hung windows. The design of this dwelling is directly compared to the dwellings in Steiglitz Street, and particularly with the dwelling at 91 Steiglitz Street. It is more elaborate example compared to the dwellings at 93-97 Steiglitz Street.
BA022 Lea Hurst, 90 Inglis Street: built in 1902-03, the single storey, hipped roofed, weatherboard dwelling has an introduced hipped bullnosed verandah (being appropriate for the design and era of the dwelling) with original cast iron verandah valances and brackets. There are original paired timber framed double hung windows at the front, with a central front panelled timber door with sidelights and highlights. The design of Lea Hurst is directly comparable to the dwelling in Steiglitz Street, and particularly with the dwelling at 91 Steiglitz Street.
BA026 Invergowrie, 101 Inglis Street:63F[64] built c.1895, the single storey, hipped roofed, weatherboard dwelling has a return convex verandah supported by timber posts (which may have replaced the original posts). There are paired timber eaves brackets and a rendered chimney. The main doorway flanked by timber framed double hung windows faces onto the eastern portion of the site. The dwelling appears to be predominantly intact.
BA048 Ballan Health Care (formerly "Annean"), 164 Inglis Street:64F[65] built in 1897 for Jules Gascard junior, horse dealer, the asymmetrical, single storey, weatherboard, Late Victorian Italianate styled dwelling has a hipped roof form that traverses the front of the site, with minor hipped wings at the rear and side and a return bullnosed verandah supported by cast iron columns with decorative capitals, and cast iron verandah valances and brackets. There are timber framed double hung tripartite windows under the verandah and a projecting faceted bay. The composition, scale and elaboration of Annean are not comparable to the dwellings in Steiglitz Street.
BA102 Mayfield, 39 Steiglitz Street: built 1886-87:65F[66] the symmetrical, single storey, weatherboard, Victorian Picturesque styled dwelling has a double hipped roof form that traverses the site and a central projecting minor gable and return verandah with a central gabled portico. The composition and detailing are unusual which is continued in the projecting faceted bay window to the west of the front door, elaborate remnant timber bargeboard in the gable end of the verandah portico, elongated timber verandah brackets and in the detailing of the surviving brick chimney. Apart from the main hipped roof forms, the composition and detailing of Mayfield is not directly comparable to the dwellings in Steiglitz Street.
BA098 Longley, 63 Steiglitz Street:66F[67] built in 1895 for Harry Blake, the asymmetrical single storey, weatherboard, hipped roofed dwelling has a return verandah supported by timber posts. There are prominent red brick chimneys with multi-corbelled tops. On the front façade is a central front doorway flanked by timber framed double hung windows. The dwelling appears to be of moderate integrity, having been substantially repaired. The hipped roof forms are similar to the designs of the dwellings in Steiglitz Street, although 'Longley' is a more substantial example and has a return verandah.
BA099 Ramsgate, 59 Steiglitz Street, built in c.1891:67F[68] this hipped roofed building has a projecting hipped roofed return verandah supported by stop chamfered timber posts with decorative cast iron brackets and valances. The composition of the hipped roof form and projecting verandah is similar to the dwellings at 91-97 Steiglitz Street (as is also the verandah treatment), although the return verandah is not comparable to the more standard projecting front verandahs on the Steiglitz Street dwellings.

[1157]

St. Patrick's Presbytery, 10 Careys Road, Gordon (GOR012-08) (Photo 10): built in 1913. Designed by the architects, Kempson and Conolly, it is of brick construction and has an encircling post-supported verandah with curved lattice timber fascias and timber framed tripartite windows. It is comparable with The Pines through the design and brick construction, but the Presbytery is more elaborate and intact.
Erin's Vale, 161 Conroys Lane, Gordon, built possibly c.1890 (or possibly relocated to the site). Of timber construction, it has a post supported verandah and decorative cast iron valances and brackets. It is comparable to The Pines in the hipped roof form, post-supported verandah and window openings, although the latter is a more intact and elaborate example.
Woodlawn, 1787 Old Melbourne Road, Millbrook, built in c.1874. This brick dwelling with a hipped roof form, rear double hipped wings and front post-supported verandah is directly comparable to The Pines, although it is not as elaborate, possibly as a result of being constructed several years earlier.
Dwelling, 91 Ryans Road, Millbrook (YEN014) (Photo 11): built in c.1906 for P.J. Ryan (son of John Ryan, pioneer of Millbrook). It is built of brick and has a return post;-supported verandah with decorative cast iron detailing. There is a central front doorway and flanking timber framed double hung windows. The Late Victorian design is directly comparable architecturally to The Pines, although it is more elaborate. It shares a similar history with The Pines, having been established by an Irish Catholic settler, John Ryan, with his brother Patrick, in the early 1860s.
Dwelling, 16 Tennyson Street, Gordon, built c.1872.318F[319] This dwelling has been altered and is missing a front verandah. It is in poor condition and low integrity. It does not appear to be directly comparable architecturally or historically to The Pines.
602 Bungaree Wallace Road, Wallace: a similarly designed Late Victorian timber dwelling built in c.1882 for Patrick and Mary Linane, Irish Catholic farmers. This dwelling features a very similar Federation era gabled addition located at the rear and which projects beyond the side of the original dwelling.

Moorabool C85moor (PSA) [2025] PPV 49 (20 October 2025)

At a glance

Court

Decision date

Source

Judgment (1365 paragraphs)

Legislation Cited (4)

Cases Cited (1)

Moorabool C85moor (PSA) [2025] PPV 49 (20 October 2025)