In most situations surrounding development or changes to a property that is in a Heritage Conservation Area (HCA), or is of Historic Significance, such as a Heritage Item, Development Consent is required. However, there are certain works that can be undertaken without Development Consent.

Some minor works and maintenance works that are considered minor in nature can be completed without consent. It is important to note that Council must be notified of the proposed works, a written response must be obtained, and the response must outline that consent for the proposed works is not required before any work commences on the property. This type of application is normally referred to as a “Minor Works Heritage Exemption”.

Clause 5.10 (3) of the Standard Instrument Local Environmental Plan states that development consent is not required if:

 the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development—

(i)  is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and

(ii)  would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or

(b)  the development is in a cemetery or burial ground and the proposed development—

(i)  is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and

(ii)  would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or

(c)  the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or

(d)  the development is exempt development.

Maintenance or minor works that do not have an impact on the significance of a heritage item or conservation area may be granted an exemption, subject to an assessment by Council's Development Planner Heritage.

Exemptions will not be issued for:

• Demolition

• Erecting a building

• Change of use

• Removal/pruning of trees

Applications cannot be made for works already started or completed. Your application must be assessed and approved in writing before you can proceed with the proposed works.

Written confirmation that the works do not require development consent under clause 5.10 of the Local Environment Plan (LEP) does not provide an exemption from another type of consent, approval, or permit required from the Council or another authority. For example, minor works and maintenance of heritage items which are also listed on the State Heritage Register may require consent under the Heritage Act 1977.

Archaeological relics in NSW are protected under the Heritage Act 1977. Contact Heritage NSW (02 9873 8500) before starting works in the vicinity of any archaeological relics.

Aboriginal objects in NSW are protected under the National Parks and Wildlife Act 1974. Contact the National Parks and Wildlife Service (02 9995 5000) before starting works in the vicinity of any Aboriginal object.

Applicants will need to provide the relevant consent, approval, or permit from other authorities as part of their application to their local Council under clause 5.10.