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Mind the Gap: Built Form Separation and VCAT's Decision on 'Fairholme'

Writer: James Lesh
James Lesh
7 minutes ago
2 min read

A recent VCAT hearing regarding 'Fairholme' in Camberwell—where Dr James Lesh of Heritage Workshop provided expert evidence—demonstrates that heritage conservation is not solely about protecting primary architectural facades. It requires an assessment of multiple, intersecting heritage values. 


South-west elevation of 35 Prospect Hill Road, Camberwell (2024). Source: Realestate.com.au
South-west elevation of 35 Prospect Hill Road, Camberwell (2024). Source: Realestate.com.au

The Totality of the Heritage Place


'Fairholme' is an individually significant heritage mansion located within Boroondara's Heritage Overlay (HO215). The application before the Tribunal was to amend an existing permit to allow for the demolition of upper-level heritage fabric and the construction of a new upper-level extension. This proposed extension directly affected the 1880s eastern wing, historically utilised as the "servants' quarters".


While the property's primary aesthetic value is visibly derived from its impressive two-level Tuscan Order colonnade, the utilitarian eastern wing provides essential historical and social context. In his evidence, Dr Lesh outlined that understanding the servants' room is necessary to interpret the "totality of the household system". Heritage assesses multiple values; in this instance, the modest household quarters tell the story of and hold value for how these grand 19th-century estates practically functioned.


Fairholme (ca. 1874–1881), showing owners James and Harriett Copeland with their children, domestic assistants, and carriage driver. Source: Camberwell Historical Society.
Fairholme (ca. 1874–1881), showing owners James and Harriett Copeland with their children, domestic assistants, and carriage driver. Source: Camberwell Historical Society.

The Tribunal's Findings on Built Form and Separation


The Tribunal accepted that the servants' wing contributes to the overall significance of the heritage place. However, VCAT agreed with the permit applicant that the historical understanding of this wing could be adequately maintained from the public realm by retaining its roof form and northern elevation.


The critical issue then became the spatial relationship between the retained heritage fabric and the new development. The Tribunal found that the proposed separation between the main dwelling and the new additions at the first floor was insufficient. To achieve a comfortable heritage relationship and ensure the new massing did not dominate the original dwelling, the final order required a minimum separation of 3.5m at the upper level. The Tribunal also requested detailed plans demonstrating how the existing roof over the servants' wing would be integrated and supported.


This decision confirms that large heritage homes can be modernised and extended. However, successful adaptation requires project teams to acknowledge all heritage values of a site—both the grand and the utilitarian—and design responsively to respect the wholeness of the significant heritage place.  


As an independent heritage expert witness, Dr James Lesh had a duty to the Tribunal to provide an independent assessment of a site's cultural heritage significance based on statutory frameworks and the Burra Charter.


Aerial drone view showing the site layout and roofscape (2024). Source: Realestate.com.au.
Aerial drone view showing the site layout and roofscape (2024). Source: Realestate.com.au.



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Dr James Lesh

James is the Founding Director of Heritage Workshop. Since 2015, this blog has featured his heritage insights.

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