Heritage works without consent
When consent is not required
The best way to conserve heritage items and places in heritage conservation areas is to carry out regular maintenance and repairs. Some types of minor works may also improve the serviceability of the place without negative impacts on heritage significance.
These works may include re-painting a building in an original or appropriate colour scheme, replacing rusty gutters and downpipes to match original details or restoring a front verandah to its original detail.
To make it easier for owners to maintain and repair their properties, the Sydney Local Environmental Plan (LEP) 2012 specifies certain development that may be carried out to heritage items or within heritage conservation areas without the need for development consent.
Clauses 5.10 (3)(a)(i) and (ii) of the LEP state that the relevant works can only be carried out without development consent when:
(a) 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 a heritage conservation area
(ii) would not adversely affect the significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area.
In some instances, approval under part 5 of the Environmental Planning and Assessment Act 1979 may be required for the relevant works. Please seek pre-application advice from the relevant City staff before submitting this application.
Applicants need to complete and return the request for confirmation that heritage works do not require development consent form, available for download below. Attachments must not exceed 25MB. Please email your application in 2 parts if the attachments exceed this limit.
Alternatively, you can bring your application form with a CD-ROM containing the documents to a Neighbourhood Service Centre.
There is no fee for this request.
If your request is approved, you will receive written confirmation that your works do not require consent. You cannot commence work until you receive this written confirmation from the City and you should keep the confirmation for your records.
The City will not consider requests for works that have already been commenced or completed.
If you have any questions or need assistance completing the form, please contact us.
City of Sydney
Area Planning Manager
02 9265 9333 firstname.lastname@example.org
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Last updated: Tuesday, 4 March 2014