Frequently Asked Questions

The heritage of our local area comprises those places and objects we would like to preserve as a record of our history.

Items have been identified and assessed by professional heritage consultants engaged by Council. There are criteria against which items have to be tested—their historic, aesthetic, scientific or social significance, their connection with historical persons, or their rarity or their representative nature within the local area.

In most cases errors in recorded detail will not affect the heritage significance of the property. Three of the heritage surveys used in the preparation of the draft PLEP heritage schedule were carried out some time ago. However the studies were prepared by appropriately qualified professionals under the guidance of, and with funding from, the NSW Heritage Council and the Heritage Branch of the Department of Planning. The studies are comprehensive and despite their age contain a great deal of information that is accurate and relevant. One of the purposes for the consultation with property owners in December 2010 was to seek additional information to enable the heritage database to be updated.

Listing recognises the heritage significance of a property against one or more of the assessment criteria. It is a mark of the community's respect for the property as evidence of the history of the area. Documentation associated with the listing will indicate the aspects or elements of the property that have heritage significance.

The owner of a heritage listed asset will need to notify council before making major changes that may affect the heritage significance of that asset.

The only additional obligation which heritage listing imposes on property owners is to seek development consent for some types of development that would otherwise not require consent. In many instances, however, the obligation is reduced to a need to simply advise Council of the proposed development in writing. Under clause 5.10(3), if Council is satisfied that the proposed work is of minor significance and will not adversely affect the heritage significance of the item, it will advise the proponent that consent is not required. This will be the case for most of the exempt development categories, since the reason they are exempt development is that they are generally of minor significance. The LEP provisions are in place to ensure that the heritage implications of developments are considered before any work occurs.

Heritage listing does not require owners to give up any custodial rights. Listing does not allow anyone to visit a listed property without the express permission of the owner. Privately owned listed properties are not public places. Some owners occasionally open their properties to the public, usually on an entry fee basis, either for themselves or for charity. This is a matter entirely for the owner to decide.

Modifications to a property do not necessarily destroy its heritage significance. Most buildings undergo alterations and adaptations to changing uses and in many cases the alterations become an important part of the building’s history. The point of listing is to recognise heritage value, not to prevent adaptation to an owner's changing needs.

The owner is free to retain original features and also install modern conveniences, such as central heating, or add new living spaces. Council offers free advice to help make appropriate decisions relating to such adaptations.

There is no requirement to restore a listed building to its original condition. It is a fundamental principle of heritage conservation that old buildings are best cared for when they are lived in. This means they must be useable and must meet modern needs. Houses may need new bathrooms or kitchens, or additional living areas. Listed commercial buildings may need new services, access arrangements or fire protection. The LEP heritage controls allow for such modifications, but aim to influence the way they are carried out, to ensure that the heritage values of the property are maintained.

Listing on an LEP heritage schedule does not bring any requirements for maintenance. The Heritage Act 1977 and Regulation set minimum standards of maintenance for State listed items, but this does not affect buildings listed on an LEP unless the item is also State listed.

Only structural changes to the interior of a heritage building require consent under the PLEP, unless a non-structural change will affect a specifically listed internal feature. The draft PLEP Schedule 5 does not list any internal features so this issue will not arise. It should also be noted that structural changes to any building require consent.

Non-structural alterations such as repainting or an update of a kitchen or bathroom will not require development consent.

There is no mandatory requirement for a Heritage Impact Statement or Conservation Management Plan. Under Clause 5.10(5) of the draft PLEP, Council may (but does not have to) ask for a heritage management document to assist in its consideration of a development application affecting a listed building.

A heritage management document can be a Heritage Impact Statement or a Conservation Management Plan, but may also be a simple document, prepared by the owner, that sets out guidelines for the ongoing management and conservation of the heritage item.

Only on rare occasions, when major changes are proposed to a particularly significant building, will a formal Heritage Impact Statement or Conservation Management Plan be required.

The documentation associated with the listing will indicate which parts of the property have greatest heritage significance. Sometimes views to and from the place, or its internal fittings and contents may be a part of its significance if they reflect its heritage importance. (There are no local heritage assets listed in the PLEP that specify any views or internal fittings.)

Council may require the production of a heritage management document when considering a development application affecting land in the vicinity of a heritage item. This situation would only arise if the proposed development were of such magnitude that council considered that it might impact on the heritage significance of the listed item. It would not arise in connection with any development of a minor nature, such as that which would normally be exempt from Council controls, so-called exempt development, on adjoining land.

Listing can also be an advantage to owners of heritage buildings in providing added protection from inappropriate nearby development that may devalue the listed property. It can also help to maintain the special quality of environment that attracted the owner to the listed property and the surrounding neighbourhood.

Because the property has been listed it may well increase its monetary value because, in the eyes of some prospective buyers, the listing adds prestige and creates certainty that its heritage values will be retained. In many areas of NSW properties with intact original features attract higher resale value than properties of a similar age that have been modernised unsympathetically.