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Former Nichols Point Primary School Complex 110 Koorlong Avenue, Nichols Point, Mildura Heritage Council Registrations Committee Hearing – 20 May 2015 Members – Oona Nicholson (Chair), Leigh Mackay, Paul Coffey DECISION OF THE HERITAGE COUNCIL After considering the Executive Director’s recommendation, submissions received, and after conducting a hearing, pursuant to Section 42(1)(b) of the Heritage Act 1995, the Heritage Council has determined that part of the Former Nichols Point Primary School Complex, that is, the shelter shed with an appropriate curtilage, meets the threshold to be considered of State level cultural heritage significance to the State of Victoria and therefore warrants inclusion in the Victorian Heritage Register. At the same time, pursuant to Section 42(1)(c) of the Heritage Act 1995, Council has determined that the remainder of the place is not of cultural heritage significance to the State of Victoria and does not warrant inclusion in the Victorian Heritage Register. Oona Nicholson Leigh Mackay Paul Coffey 1

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Page 1: Decision of the Heritage Councilheritagecouncil.vic.gov.au/wp-content/uploads/2014/10/... · Web viewDr Marina Larsson (Principal - Assessments, Heritage Victoria) and Mr Geoff Austin

Former Nichols Point Primary School Complex

110 Koorlong Avenue, Nichols Point, Mildura

Heritage Council Registrations CommitteeHearing – 20 May 2015Members – Oona Nicholson (Chair), Leigh Mackay, Paul Coffey

DECISION OF THE HERITAGE COUNCIL After considering the Executive Director’s recommendation, submissions received, and after conducting a hearing, pursuant to Section 42(1)(b) of the Heritage Act 1995, the Heritage Council has determined that part of the Former Nichols Point Primary School Complex, that is, the shelter shed with an appropriate curtilage, meets the threshold to be considered of State level cultural heritage significance to the State of Victoria and therefore warrants inclusion in the Victorian Heritage Register. At the same time, pursuant to Section 42(1)(c) of the Heritage Act 1995, Council has determined that the remainder of the place is not of cultural heritage significance to the State of Victoria and does not warrant inclusion in the Victorian Heritage Register.

Oona Nicholson (Chair)

Leigh Mackay Paul Coffey

Decision Date – 30 June 2016

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APPEARANCES/SUBMISSIONS

Executive Director, Heritage Victoria (‘the Executive Director’)

Submissions were received from the Executive Director, Heritage Victoria. Dr Marina Larsson (Principal - Assessments, Heritage Victoria) and Mr Geoff Austin (Manager -Permits and Assessments, Heritage Victoria) appeared at the hearing and made verbal submissions on behalf of the Executive Director.

Written submissions were received from the following individuals:

Written submissions were received from Ms Amanda Gowty, who appeared and made verbal submissions to the hearing.

A written submission was received from Mr Jason Modica, who appeared and made verbal submissions to the hearing.

A written submission was received from Mr Stefano di Pieri, who appeared and made verbal submissions to the hearing.

A written submission was received from Mr Glenn Miller, who appeared and made verbal submissions to the hearing.

A written submission was received from Mr Peter Crisp MLA, who appeared and made verbal submissions to the hearing.

A written submission was received from Mr Ross Lake, who appeared and made verbal submissions to the hearing.

A written submission were received from Mr Garry Stanley.

A written submission was received from Ms Jo McQuinn, principal of Nichols Point Primary School, on behalf of the Nichols Point Primary School Council. Ms McQuinn attended the hearing but did not make verbal submission.

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INTRODUCTION

The Place

1 The Former Nichols Point Primary School complex, located at 110 Koorlong Avenue, Nichols Point, Mildura consists principally of two buildings: a red brick school building and a timber-framed octagonal shelter shed (‘the Place’).

2 The school building at Nichols Point is of red brick with cream brick contrasts, rendered base and multi-gabled corrugated iron roof. The gable ends have simple vertical half timbered gable ends which are supported on eaves brackets. The original windows (1905) have shallow arch-headed openings and later windows (1944) have simple rectangular openings. The north and east facades both contain high, shallow arch-headed openings with inward opening windows. An original entry porch with turned timber posts remains on the north side of the building. The interior comprises a north-south passage, two classrooms to the east and a small room and classroom (which replaced cloakrooms in 1944) to the west. All rooms are simple, unadorned spaces with flat floors and non-original lighting, heaters, air conditioners, fans and fixtures (‘the school building’).

3 The shelter shed is an undecorated timber-framed octagonal structure with a central post, facetted pyramidal corrugated iron roof and surrounding verandah. There are no evident rainwater collection or diversion elements. It is an open structure with vertical timber boards lining the exterior of the lower main shelter and seating around the perimeter of the internal space. The northern wall is open to provide access to the structure. Horizontal timber boards line the upper external walls above the verandah roof (‘the shelter shed’).

4 The Place is included in an individual Heritage Overlay (HO128) in the Mildura Rural City Council Planning Scheme.

Nomination

5 A nomination (‘the Nomination’) for the Place to be included in the Victorian Heritage Register was accepted by the Executive Director on 10 August 2015.

Recommendation of the Executive Director

6 On 11 September 2015, the Executive Director, under Section 32(1)(b) of the Heritage Act 1995 (‘the Act’) recommended that the Place not be included in the Victorian Heritage Register (‘the Register’).

7 The reasons for the Executive Director’s 11 September 2015 recommendation (‘the Recommendation’) were outlined in a report titled ‘Assessment of Cultural Heritage Significance and Executive Director Recommendation to the Heritage Council’. The Recommendation was publicly advertised for 60 days. Within this time submissions were invited in response to the Recommendation in accordance with s38 of the Act.

8 No s38 submissions in response to the Recommendation were received. The Heritage Council considered the Recommendation at its December 2015 meeting and, pursuant

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to s39(3) of the Act, resolved that the Place may be of cultural heritage significance to the State of Victoria. A Heritage Council Registrations Committee (‘the Committee’) was constituted and the Committee called for written submissions in accordance with ss39(3) & (4) in a letter dated 4 January 2016.

9 The Committee called for written submissions by 4 March 2016 in response to its 4 January letter.

10 After considering written submissions received and in accordance with s39(8), the Committee decided to conduct a hearing, a hearing was scheduled for 20 May 2016, parties were notified in a letter dated 18 March 2016, and further written submissions were invited and considered.

Site Inspection

11 On 19 May 2016, the Committee made a site inspection of the Place accompanied by the Heritage Council Hearings Coordinator.

Preliminary and Other Matters

Extension of time granted in relation to a submission

12 After granting a request by the nominator, Ms Gowty, for an extension of time within which to make an initial submission, the Committee received a written submission from Ms Gowty on 8 March 2016, who collated and provided written submissions as to the cultural heritage significance of the Place from the following individuals: Ms Gowty, Mr Modica, Mr di Pieri, Mr Miller, Mr Crisp, Mr Stanley and Ms McQuinn. The other parties to the hearing did not object to the Committee’s consideration of the late submission.

Conflicts of interest

13 The Chair invited Committee members to declare any interests that they may have in relation to the Place or parties to the hearing. Committee members noted that there were no relevant conflicts of interest.

Future use of the Place

14 Some submissions received referred to future use and management of the Place. The Committee appreciates that community concern at times exists about the potential use of places. However, the role of this Committee is to determine the cultural heritage significance of the Place in its current state. It is not the Committee’s task to consider the future development or use of the Place. The parts of submissions that deal with future development or use of the Place have not been considered by the Committee in reaching its decision.

ISSUES15 This section is not intended to be a complete record of submissions that were made to

the Committee. It is a summary of what the Committee considers to be the key issues, followed by an explanation of the position the Committee has taken on each issue.

16 Any reference to Criteria refers to the ‘Heritage Council Criteria for Assessment of Places of Cultural Heritage Significance’ (see Attachment 1 to this report).

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17 Any reference to Criteria and Threshold Guidelines refers to the ‘The Victorian Heritage Register Criteria and Threshold Guidelines’ (as adopted by the Heritage Council on 6 December 2012, reviewed and updated on 5 June 2014).

Summary of issues

18 The place was nominated on the basis that it satisfies Criteria A, B and C. In addition to these Criteria, the Executive Director deemed it appropriate to assess the Place against Criterion D for the purposes of the Recommendation.

19 The Executive Director submitted that the Place is of historical importance at a local level for its ability to demonstrate an association with the education of children in Victoria and an association with the development of northern Victoria in the late nineteenth century. The Executive Director submitted that the fabric of the Place demonstrates these associations, but submitted that there are large numbers of places in the Mildura region and throughout Victoria that demonstrate the same associations and that Criterion A is therefore not likely to be satisfied at a State level. The Executive Director further submitted that the Place is not in possession of rare, uncommon or endangered aspects of Victoria’s cultural history in the terms of Criterion B. In relation to Criterion C, the Executive Director submitted that the Place does not have the potential to contain physical evidence of historical interest that is not currently visible or understood. While the Executive Director noted that the shelter shed is an impressive structure that is notable at a local level, the Executive Director argued that shelter sheds are a feature of many schools across the State and that the shelter shed does not advance an understanding or appreciation of this type of structure such that it would meet the threshold to satisfy Criterion D at a State level.

20 In the Nomination, Ms Gowty submitted that the Place is of significance at a State level and meets the threshold for inclusion in the Register under Criteria A, B and C. In written submissions Ms Gowty further argued that the Place is of historical significance for its association with the Mildura region as an area that welcomed migrants from all over the world, its association with the irrigation system in the Mildura region and for its association with the local community and particular families within the area. Ms Gowty further submitted that the Place should be placed on the Register to protect it for future generations.

21 Mr Modica submitted that the Place is of historical significance to the State of Victoria because of the significance of Nichols Point to Victoria as a companion piece to the other infrastructure associated with the irrigation system and should be included in the Register as a monument to the development of the irrigation system.

22 Mr di Pieri submitted that the Place is of cultural significance and that many places in Mildura have been destroyed.

23 Mr Miller submitted that the Place is of significance for its association with the ‘self-contained village’ of Nichols Point, that the shelter shed is important to the community, which loves the shelter shed and its design by A.D Thomson, famous for his designs and constructions throughout Mildura. Mr Miller submitted that the Place was known to be an excellent school, and that the shelter shed was an admirable structure.

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24 Mr Stanley provided a short history of Mildura and Nichols Point and submitted that the Place is a significant surviving element from the era of the development of the irrigation scheme.

25 Mr Crisp provided a short history of Nichols Point and noted the distinguishing characteristics of the Nichols Point community in submitting that the Place is of significance.

26 Ms McQuinn submitted that the Place is of historical importance to the local community for its association with education in the area and that the Place provides an opportunity for local students to learn about the history of Nichols Point.

27 Mr Lake submitted that the Place is of significance for its association with grape vine cultivation and irrigated horticulture in the Mildura district.

Criterion A – Importance to the course, or pattern of Victoria’s cultural history

28 The parties agreed that the Place is of historical importance but disagreed on the level of significance.

Submissions and evidence

29 The Executive Director submitted that the Place has a clear association with the education of children in Victoria and the development of northern Victoria in the late nineteenth century, and that the fabric of the Place demonstrates these associations. The Executive Director is of the view, however, that there is nothing that distinguishes the Place at a State level from other primary school complexes in Victoria and that the Place does not allow the association with the development of Northern Victoria to be better understood that most other places in Victoria with substantially the same association. The Executive Director noted the range of submissions that were received drawing the association between the Place and, variously: the irrigation scheme and the history of Mildura; the 1890s market correction; and with various families in the region. In response the Executive Director submitted that the Place is of cultural heritage significance at a local level for its association with the history of this part of Victoria.

30 Ms Gowty, Mr Modica, Mr Miller, Mr Stanley and Mr Lake all submitted that the Place is of historical significance to the State of Victoria because of its association with the irrigation system in the Mildura region. Ms Gowty submitted that the Place is of historical significance for its association with the Mildura region as an area that welcomed migrants and for its association with the irrigation system in the Mildura region.

31 Mr Modica submitted that the Place is significant for having been built on ‘the wealth of the first irrigation colony’ of Australia. Mr Modica further submitted that the Place demonstrates a direct link to the recovery from the early 1890s market correction

32 Ms McQuinn submitted that the Place is of importance to the Nichols Point community for its association with education in the area and that the Place provides an opportunity for students to learn about the history of Nichols Point. All submitters agreed that the Place is of historical importance to the community for its association with education and with the development of Mildura and the Nichols Point area.

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33 Mr Lake submitted that the Place is of significance for its association with grape vine cultivation and irrigated horticulture in the Mildura district and with the associated development of cooperative schemes in the Mildura region.

Discussion and conclusion

34 The Committee finds that Criterion A is not satisfied at a State level in relation to the Place.

35 It was accepted by all parties that the Place is of historical importance for its association with the development of Northern Victoria, with the irrigation scheme in the Mildura region and with the history of education in Victoria.

36 The Committee agrees that the Place is associated with the development of Northern Victoria, with the development of the irrigation scheme in the Riverina and that the Place does demonstrate the process of education in rural areas of Victoria.

37 The Committee agrees that the development of Northern Victoria, the development of the irrigation scheme in the Riverina and the development of the education system in rural Victoria all made an influential contribution to the State of Victoria and are processes of historical importance, but is of the view that the Place does not allow these processes to be readily appreciated better than many other places in Victoria associated with the same processes.

38 The Committee agrees with the Executive Director that the Place is of historical importance at to the Nichols Point and Mildura community. The Committee finds, however, that the Place does not satisfy Criterion A at a State level.

Criterion B – Possession of uncommon, rare or endangered aspects of Victoria’s cultural history39 The parties disagreed as to whether the Place satisfies Criterion B.

Submissions and evidence

40 The Executive Director submitted that there are many other school complexes in Victoria, including some that are in the Register, which contain multiple buildings and structures and demonstrate the establishment of the education system in Victoria. The Executive Director submitted that the Place is not endangered, rare or uncommon and that the aspects of Victoria’s cultural history that it demonstrates, including the development of Northern Victoria, are better demonstrated elsewhere. The Executive Director noted that the fact that school shelter sheds are not common to every Victorian primary school does not make them a rare type of structure.

41 Ms Gowty, Mr Stanley and Mr Modica submitted that there are not many significant buildings remaining in Mildura and that the Place should be registered on this basis. Mr Stanley in particular submitted that there are few surviving buildings from the first phase of Mildura’s development.

42 Mr di Pieri submitted that Mildura had lost many of its culturally significant buildings to demolition.

Discussion and conclusion

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43 The Committee finds that Criterion B is not satisfied at a State level.

44 The Committee notes that little evidence was provided to show that places such as the Place were endangered in Victoria to the point of rarity or that the Place contained features not evidenced in many other places associated with education in Victoria or with the development of northern Victoria.

45 The Committee notes that the Place has its own unique history and association with education in Victoria and with the Mildura region, but further notes that there are hundreds of other primary school complexes in Victoria, many that include shelter sheds, and that a significant number of primary school complexes with shelter sheds are included in the Register. The Committee also notes that there are other places included in the Register that have an association with Mildura and the Riverina.

46 The Committee agrees with the Executive Director that the Place is not in possession of uncommon, rare or endangered aspects of Victoria’s cultural history, and therefore finds that the Place does not satisfy the requirements of Criterion B at a State level.

Criterion C – Potential to yield information that will contribute to an understanding of Victoria’s cultural history

47 The parties disagreed on whether the Place satisfies Criterion C.

Submissions and evidence

48 The Executive Director did not make submissions specific to Criterion C but noted in the Recommendation that it was unlikely that any historical archaeological deposits at the Place would contain physical evidence of historical interest that is not currently visible or understood.

49 In the Nomination and in reference to Criterion C, Ms Gowty noted the association of the Place with the cultural development of the local community and the broader Murray Basin area generally.

Discussion and conclusion

50 The Committee finds that Criterion C is not satisfied at a State level.

51 The Committee notes the requirements of Criterion C and agrees with the submission of the Executive Director in determining that Criterion C is not satisfied at a State level in relation to the Place.

Criterion D - Importance in demonstrating the principal characteristics of a class of cultural places and objects

52 The Nomination did not specifically reference Criterion D, however, the Executive Director assessed the Place against Criterion D in the Recommendation. The parties disagreed on whether or not the Place was of architectural significance.

Submissions and evidence

53 The Executive Director submitted that the Place is a typical example of a primary school complex in Victoria and is not of State significance as an example of a primary school complex. In relation to the shelter shed in particular, the Executive Director submitted that the shelter shed was an impressive structure but a structure that was

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typical of many shelter sheds associated with primary school complexes. In the Recommendation, the Executive Director noted that the shelter is a large and well-resolved structure that reflects the need for shelter in the heat of summer in north-western Victoria. The Executive Director provided a number of examples of similar shelter shed structures in Victoria that were either in the Register or included in Heritage Overlays. The Executive Director submitted that school shelter sheds are a dependent form of heritage place, that the cultural heritage values of the shelter shed are dependent on being located in the school grounds and that the shelter shed does not advance an understanding or appreciation of this type of structure at a State level or appear to contain features of note that were widely replicated or influential.

54 Ms Gowty, Mr Stanley and Mr Modica submitted that the Place is of importance as a significant surviving built element in this part of Mildura.

55 Ms McQuinn noted, in reference to the Place, the importance of ‘majestic old buildings that have many stories to tell’.

56 Mr Miller in particular noted in verbal submissions the love of the Nichols Point community for the shelter shed, and noted its design by A.D Thomson, Shire Engineer 1899-1919, who Mr Miller submitted was famous for his designs and constructions throughout Mildura. Mr Miller submitted that that the shelter shed was known as an ‘admirable structure’.

Discussion and conclusion

The Shelter Shed

57 The Committee notes that in the Recommendation, reference was made to a comment attributed to Frank Tate, the Victorian Director of Education 1902 – 1928, who was said to have described the shelter shed as ‘the best I have seen in an Australian school’. The Committee further notes the information provided in the Recommendation about the early twentieth century trend towards the development of school shelter sheds as part of an approach to providing sheltered outdoor space for students and notes the association of the shelter shed with this process.

58 In relation to the shelter shed, the Committee is of the view that it is a large and impressive structure and a structure in which can be read a particular architectural response to the climate of Mildura and north-western Victoria. It is notable for distinctive features that include its octagonal form, louvre weatherboards for ventilation, lack of rainwater collection or diversion elements and its extensive surrounding open verandah structure.

59 The Committee is of the view that the shelter shed is a notable example of a rotunda, shelter shed or open air shelter structure and a fine and highly intact example within its class. The Committee is of the view that the shelter shed is an impressive architectural expression which responds to the harsh climate of the Mildura and Riverina region.

60 The Committee therefore determines that the shelter shed within the Place satisfies Criterion D at a State level and is of cultural heritage significance to the State of Victoria as a notable example of a rotunda or shelter shed.

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61 The Committee determines that the shelter shed be included in the Register, with an appropriate curtilage as described in the attached diagram and description (Attachment 2).

The School Building

62 The Committee is of the view that, although the school building is an attractive example within its class and is of cultural heritage significance to the Nichols Point community, the school building is a typical example of a primary school complex in Victoria and does not satisfy Criterion D at a State level.

63 The Committee finds that Criterion D is not satisfied at a State level in relation to the school building or the remainder of the Place, with the exception of the shelter shed and an appropriate curtilage, as described above.

CONCLUSIONThe Shelter Shed

64 The Committee determines that part of the Place, that is, the former Nichols Point Primary School Shelter Shed, is to be included in the Register for the reasons set out above, with an appropriate curtilage as described in the attached diagram and description (Attachment 2).

The Former Primary School Complex

65 The Committee finds that, with the exception of part of the Place as described above, the former Nichols Point Primary School Complex does not meet the significance threshold for inclusion in the Victorian Heritage Register in relation to any of the Heritage Council's Criteria. The Committee determines that the Place, with the exception of the shelter shed as described above, is not of cultural heritage significance to the State of Victoria, and should therefore not be included in the Victorian Heritage Register.

66 The Committee notes the extensive research completed and the submissions prepared by members of the Mildura community for this hearing, and commends Ms Gowty in particular for her efforts in relation to the submissions made to this hearing.

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ATTACHMENT 1

HERITAGE COUNCIL CRITERIA FOR ASSESSMENT OF PLACES OF CULTURAL HERITAGE SIGNIFICANCE

CRITERION A Importance to the course, or pattern, of Victoria’s cultural history.

CRITERION B Possession of uncommon, rare or endangered aspects of Victoria’s cultural history.

CRITERION C Potential to yield information that will contribute to an understanding of Victoria’s cultural history.

CRITERION D Importance in demonstrating the principal characteristics of a class of cultural places or objects.

CRITERION E Importance in exhibiting particular aesthetic characteristics.

CRITERION F Importance in demonstrating a high degree of creative or technical achievement at a particular period.

CRITERION G Strong or special association with a particular community or cultural group for social, cultural or spiritual reasons. This includes the significance of a place to Indigenous peoples as part of their continuing and developing cultural traditions.

CRITERION H Special association with the life or works of a person, or group of persons, of importance in Victoria’s history.

These were adopted by the Heritage Council at its meeting on 6 December 2012, as reviewed and updated on 5 June 2014.

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ATTACHMENT 2

DETERMINATION: FORMER NICHOLS POINT PRIMARY SCHOOL, NICHOLS POINT MILDURA

NAME OF PLACE: Former Nichols Point Primary School Shelter Shed

CATEGORY OF REGISTRATION: Heritage Place

EXTENT OF REGISTRATION:All of the place shown hatched on Diagram 2363 encompassing part of Lot 1 on Title Plan 601821.

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AERIAL PHOTOGRAPH WITH EXTENT OF REGISTRATION:

STATEMENT OF CULTURAL HERITAGE SIGNIFICANCE

What is significant?

History Summary

Settlement of the Mildura region in northern Victoria occurred late in the context of the development of the state. In 1887 the Chaffey brothers, George and William Benjamin, signed an indenture with the Victorian Government which allowed them to establish the Mildura Irrigation Settlement on the banks of the Murray River. An extensive system of irrigation channels and pumping stations was established, migration to this new area of irrigated land was promoted and the population quickly grew to 3,500 people. The Shire of Mildura was established in 1890.

Following requests to the Mildura Board of Advice from local parents, a school for forty two students was established in 1892 in the Methodist Church at the irrigated farmland settlement of Nichols Point, east of Mildura. In 1906 the red brick Nichols Point State School was opened on the corner of Fifth and Koorlong Avenues, diagonally opposite the site of the first school at the church. Two acres of land surrounded the school building with an adjoining five acres acquired for use as a sports ground.

In the early twentieth century, a campaign led by the Victorian Education Department was underway to update school buildings and grounds, including through the provision of shelter sheds. From 1905

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the Education Department gave pound-for-pound grants towards the cost of such improvements, with parents and local communities typically forming committees to raise their share of the funds. Shelter sheds were seen as an important part of school life, providing shelter from the elements and an additional, well ventilated, covered space to provide school children with fresh air. Tenders were called for a shelter shed at the Nichols Point school in The Mildura Cultivator, 15 October 1910, p10. In 1911 funds were sought for its completion and the verandah was added. Designed by Alexander Thomson, Shire Engineer from 1899-1919, the play pavilion, or shelter shed was described by Frank Tate, Director of Education 1902-1928, as ‘the best I have seen in an Australian school’, as recorded in the 1973 publication Vision and Realisation: A Centenary History of State Education in Victoria.

Following increased residential development at Nichols Point in the 1980s, increasing numbers of school children in the area needed to be accommodated and additional school buildings were constructed at the school site. A new school was built in 2006 on an adjacent site on Koorlong Avenue, and the original school building was vacated.

Description summary

The shelter shed located at the former Nichols Point Primary School Complex, designed by local architect and shire engineer A.D Thomson and constructed in 1910, is an undecorated timber-framed octagonal structure with a central post, facetted pyramidal corrugated iron roof and wide surrounding verandah. There are no evident rainwater collection or diversion elements. It is an open structure with vertical timber boards lining the exterior of the lower main shelter and seating around the perimeter of the large internal space. The northern wall is open to provide access to the structure. Horizontal timber boards set in louvre fashion for ventilation line the upper external walls above the verandah roof.

How is it significant?

The Former Nichols Point Primary School Shelter Shed is of architectural significance to the State of Victoria.

It satisfies the following criteria for inclusion in the Victorian Heritage Register:

Criterion D - Importance in demonstrating the principal characteristics of a class of cultural places or objects.

Why is it significant?

The Former Nichols Point Primary School Shelter Shed is significant at the State level for the following reasons:

The Former Nichols Point Primary School Shelter Shed is of architectural significance as a fine and highly intact example of a rotunda or shelter shed, which demonstrates the importance of providing school students with shelter from the elements. It is a large and impressive structure in which can be read a particular architectural response to the needs of school students and to the harsh climate of north-western Victoria. It is notable for characteristics that include its louvre weatherboards in the upper external walls, the ample internal area for student use, and its extensive surrounding open verandah. The shelter shed is in addition an important element of the Nichols Point streetscape. [Criterion D]

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PERMIT POLICYPreamble

The purpose of the Permit Policy is to assist 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.

The extent of registration of the Former Nichols Point Primary School Shelter Shed, at 110 Koorlong Avenue Nichols Point, Mildura, on the Victorian Heritage Register, affects the whole place shown on Diagram 2363 including the land, building, roads, paths, trees, landscape elements and other features. Under the Heritage Act 1995 a person must not remove or demolish, damage or despoil, develop or alter or excavate, relocate or disturb the position of any part of a registered place or object without approval. It is acknowledged, however, that alterations and other works may be required to keep places and objects in good repair and adapt them for use into the future.

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, Heritage Victoria 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. They may include appropriate works that are specified in a conservation management plan. Permit exemptions can be granted at the time of registration (under s.42 of the Heritage Act) or after registration (under s.66 of the Heritage 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.

Cultural heritage management plans

It is recommended that a Conservation Management Plan is developed to manage the place in a manner which respects its cultural heritage significance.

It should be noted that Permit Exemptions can be granted at the time of registration (under s.42(4) of the Heritage Act). Permit Exemptions can also be applied for and granted after registration (under s.66 of the Heritage Act)

PERMIT EXEMPTIONS

General Condition 1

All exempted alterations are to be planned and carried out in a manner which prevents damage to the fabric of the registered place or object.

General Condition 2

Should it become apparent during further inspection or the carrying out of works that original or previously hidden or inaccessible details of the place or object are revealed which relate to the

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significance of the place or object, then the exemption covering such works shall cease and Heritage Victoria shall be notified as soon as possible.

General Condition 3

All works should be informed by Conservation Management Plans 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.

General Condition 4

Nothing in this determination prevents the Heritage Council from amending or rescinding all or any of the permit exemptions.

General Condition 5

Nothing in this determination exempts owners or their agents from the responsibility to seek relevant planning or building permits from the relevant responsible authority, where applicable.

SPECIFIC PERMIT EXEMPTIONS

Shelter shed structure:

• Minor repairs and maintenance which replace like with like.

• Installation or repair of damp-proofing in a manner which does not affect the cultural heritage significance of the place.

Hard landscape elements:

• Repair and maintenance of roads, pathways and carparks which replace like with like.

Trees and landscape:

All maintenance of trees.

Fire management works carried out to protect the shelter shed.

RELEVANT INFORMATION

LOCAL GOVERNMENT AUTHORITY Mildura Rural City Council

HERITAGE LISTING INFORMATION

Heritage Overlay: Yes – HO156

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