Heritage information
Heritage items
Woollahra has a rich and diverse history and natural setting that is represented in Victorian, Federation, Inter-war and post-1950 buildings, precincts and streetscapes complemented by a rich Aboriginal heritage. This environmental heritage has a local, state and, in many instances, a nationally recognised level of significance.
There are approximately 700 heritage items, comprising individual buildings, structures, trees and landscape features. These items are protected by Woollahra Local Environmental Plan 2014 and the development control plan. Some items have protection on the State Heritage Register under the NSW Heritage Act 1977. A number of items are protected under Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005. Nearly half of our heritage items are also listed by the National Trust of Australia (NSW).
Aboriginal sites are recorded on the Aboriginal Heritage Information Management System (AHIMS Register). The AHIMS Register is a statutory online database of recorded Aboriginal places and objects, referred to as Aboriginal sites in NSW. It is maintained by Heritage NSW.
Identifying and listing items of heritage significance are the first steps in protecting and managing places and objects that we, as a community, want to keep. Listing our special places on statutory heritage registers provides a legal framework to manage change to these significant places.
Heritage items and heritage conservation areas identified within the Municipality can be found as a list of properties in the Woollahra LEP 2014 - Schedule 5 Environmental heritage or on the Woollahra LEP 2014 - Heritage map.
Heritage items means a building, work, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 5.
Heritage items are also listed in Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005.
Proposed items, areas, archaeological sites and potential archaeological sites may also be listed in exhibited draft environmental planning instruments, which include planning proposals.
If you are seeking to buy land it is very important that you read the section 10.7 planning certificate which must be attached to the sale contract by the vendor. This will identify if the property is a heritage item located in a heritage conservation area, or included in an exhibited planning proposal.
A section 10.7 planning certificate will also identify if a property is located within a HCA or in a proposed HCA under an exhibited planning proposal.
Heritage conservation areas
Within the Woollahra Municipality there are a number of established heritage conservation areas (HCAs). These HCAs have been determined by a set of heritage values, which are particular to that area, distinguishing it from other places in the Municipality.
The boundaries of the fifteen HCAs currently identified within the Municipality can be located on the Woollahra LEP 2014 - Heritage map.
There are three main HCAs. In the Woollahra DCP 2015 see; Chapter C1 - Paddington HCA, Chapter C2 - Woollahra HCA and Chapter C3 - Watsons Bay HCA. Smaller HCAs are located in Darling Point, Bellevue Hill, Rose Bay and Vaucluse, see Chapter B2 - Neighbourhood HCAs.
Significant items located within a heritage conservation area contribute to and exemplify the heritage significance of the place. They are identified as heritage items and contributory items.
Heritage items means a building, work, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 5.
Contributory items are a building, work, archaeological site, tree or place and its setting, which contributes to the heritage significance of a conservation area.
Heritage and development
Clause 5.10 Heritage Conservation of the Woollahra LEP 2014 provides specific provisions to conserve the environmental heritage of Woollahra, including heritage items, heritage conservation areas, archaeological sites, Aboriginal objects and Aboriginal places of heritage significance.
Under the heritage provisions of Woollahra LEP 2014, the Council cannot grant consent to a development application involving certain development for a heritage item or certain development in a heritage conservation area or Aboriginal site without considering how the development would affect the heritage significance of the item or the area.
Furthermore, under the LEP provisions, the Council cannot grant consent to a development application involving certain development for a heritage item or certain development in a heritage conservation area or Aboriginal site unless it has considered a heritage management document. A heritage management document provides information that is used to assist the Council with its assessment and determination of these development applications.
Similar heritage provisions are contained in Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005.
Aboriginal heritage
All Aboriginal objects and places in NSW are protected under the National Parks and Wildlife Act 1974 (NPW Act). The NPW Act has, among its objects, the ‘conservation of places, objects and features of significance to Aboriginal people.’
Differing from other heritage legislation, the National Parks and Wildlife Act 1974 protects both registered and unregistered sites. In the event of a site disturbance (such as proposed development), there are specific landforms determining the potential sensitivity of an area that need to be taken into account in the impact assessment process.
Under the NPW Act it is an offence to ‘harm’ Aboriginal objects either knowingly (s86(1)) or unknowingly (s86(2)). Exercising due diligence is the only way to afford a legal protection to ‘unknowing harm’ to Aboriginal objects if they are unexpectedly found during construction works.
Activities that will involve harm to an Aboriginal object require an Aboriginal Heritage Impact Permit (AHIP) which can be issued by Heritage NSW. AHIPs can be issued for specific Aboriginal objects or for areas of land. In general, an AHIP application for harm to Aboriginal objects can only be submitted to Heritage NSW after development consent has been granted.
Refer to Woollahra development rules to view a copy of the Woollahra Aboriginal Heritage Study report, the Aboriginal heritage sensitivity mapping and Council's DA Guide.
Does my work require consent?
The Woollahra LEP 2014 contains heritage provisions which outline when development consent is required in relation to work carried out to heritage items and properties within a heritage conservation area.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 outlines what work to a heritage item or within a heritage conservation area does not require development consent.
What pre-development comments can I get?
If you are preparing a development application, see our Pre-DA consultation service and our specific help in relation to the preparation of your heritage impact statement, demolition report or Aboriginal Heritage Impact Assessment.
Council's heritage officers can provide pre-DA comments on heritage issues that might arise from a proposal.
Development applications
Development applications which have heritage issues are referred to Council's Heritage Officers to provide comment in relation to the impact on cultural significance.
Enquiries
For heritage matters relating to development applications please contact:
Council's Duty Planner:
Phone: 9391 7000