If you are proposing to carry out development to a heritage item or to a building, work, relic, tree or place in a heritage conservation area, and the development is considered by Council to be of a minor nature or maintenance, development consent may not be necessary. However, you will need to notify Council of the proposal and obtain a written response from Council advising that consent is not required before development commences.
For proposed works to a tree, contact Council's Tree Officers on 02 9391 7000.
Clause 5.10 (3) of Woollahra LEP 2014 states that development consent is not required if:
Note: Clause 5.10 (3) cannot be applied retrospectively. Exempt development is listed in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and in Schedule 2 of Woollahra LEP 2014.
Written confirmation that the works do not require development consent under clause 5.10 of Woollahra LEP 2014 does not provide exemption from another type of consent, approval or permit required from the Council or another authority. For example, minor works and maintenance to 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 the Office of Environment and Heritage (Heritage Division 02 9873 8550) 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 Office of Environment and Heritage (Enviroline 131 555) 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 Council under clause 5.10(3) of Woollahra LEP 2014.
You will need to provide details of the proposed development so that Council can be satisfied the works are maintenance or minor in nature and will not adversely impact on the heritage significance of the heritage conservation area or heritage item. The application form (PDF) sets out the information which must be submitted:
The following will not be considered:
As a general guide, we will consider development that is specified as exempt development under Division 1 of Part 2 in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 which is excluded from or limited in some way in that Policy due to its location in a heritage conservation area or its association with a heritage item.
Note: Part 2 contains the Exempt Development Codes and Division 1 is the General Exempt Development Code.
Whilst each type of development listed above may be minor on an individual basis, the scale, location and cumulative impact of that development will be taken into consideration by Council when it determines whether the development will have an adverse impact on the heritage significance of the heritage conservation area or heritage item.
Maintenance involves a lesser degree or work compared with works of a minor nature. Maintenance is defined in Woollahra LEP 2014 as:
Maintenance, in relation to a heritage item, Aboriginal object or Aboriginal place of heritage significance, or a building, work, archaeological site, tree or place within a heritage conservation area, means ongoing protective care, but does not include the removal or disturbance of existing fabric, alterations (such as carrying out extensions or additions) or the introduction of new materials or technology.
Step 1 - Complete the application form
Applicants are required to complete and submit the form Heritage works without consent (PDF). A fee of $113 covers the assessment of the application and a written response.
Step 2 - Site inspection
A Council Officer may need to inspect the site. This will be arranged with the applicant if necessary.
Step 3 - Response to application
Council will provide a written response advising whether it is satisfied the proposed development is of a minor nature or is for the purpose of maintenance and will not have an adverse impact on the heritage significance of the heritage conservation area or heritage item.
Note: There will be a minimum response time of 14 days.
Council's Duty Planner:
Phone: 9391 7000