Do I need a DA to do minor works to my heritage property?

Heritage properties and properties in heritage conservation areas often require regular maintenance and repairs. Depending on the proposed works, development consent may be required under the Mosman Local Environmental Plan 2012. However, an exemption may be issued if the works being carried out on a particular site would not adversely affect the significance of the heritage item or conservation area. This means a development application (DA) may not need to be lodged for approval of the works.

What does the LEP say?

Clause 5.10 (3)(a)(i) and (ii) of the Mosman Local Environmental Plan 2012 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 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.

If you believe that you meet the above clauses then you may not need to submit a DA for minor works but you will need to apply to Council for an exemption. This is an easy process and no fee is involved.

How to apply for Heritage Exemption

  1. Fill in an application form. You can download the form here or pick one up from Council’s Civic Centre at Spit Junction. Application for Heritage Exemption (PDF 212KB)
  2. Write a brief description of the proposed works and include a statement that the works are of a minor nature and will not adversely affect the heritage significance.
  3. Take a few photos of the proposed areas of work and setting of the building.
  4. Attach any relevant plans/sketches.

Please note: There is no fee to apply for heritage exemption. Council will not consider applications for works that have already been commenced or completed.Your application must be assessed and approval granted in writing before you can proceed with your proposed activity/works. If Council declines to grant an exemption, a Development Application must be lodged for the proposed works.

If you have any questions or need assistance completing the form, please contact us at planning@mosman.nsw.gov.au or phone 9978 4154.

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