Exemptions for Minor Works to Heritage Properties

Exemptions for Minor Works to Heritage Properties

Heritage properties and properties in heritage conservation areas often require maintenance and repairs. Typically consent for works to such properties requires a development application (DA) to be lodged with Council. However, an exemption may be issued if the works being carried out minor and would not adversely affect the significance of the heritage item or conservation area. This means a development application may not be required for approval of the works.

Mosman LEP

Heritage Exemptions can be issued through Clause 5.10 (3)(a) of the Mosman Local Environmental Plan 2012 (LEP) which specifies development consent is not required if:

(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.

Examples of works that have previously been granted an exemption include fence replacement, roof restoration and shop refurbishments.

How to Apply

Applying is simple and there are no application fees:

  1. Fill in an application form, which is available online or at Council’s offices.
  2. Include a brief description of the proposed works
  3. Take a few photos of the proposed areas of work and setting of the building.
  4. Attach any relevant plans/sketches with dimensions.

For Council to consider an application the works must not have commenced or been completed.  An application must be assessed and approval granted in writing by Council  before works can commence.

If the works have commenced or if an exemption application is declined, a development application must be lodged for the proposed works.

How is an application processed?

Once your application is received a Council Planner will review the application to ensure the application is complete and that the works are minor in nature. If the planner is satisfied with the application it will be referred to Council’s Heritage Advisor for assessment, who visits Council once every three weeks.

The Heritage Advisor will assess the application to ensure it satisfies the provisions of Mosman LEP (listed above). If the Heritage Advisor and Planner are both satisfied the application is appropriate, the planner will issue the heritage exemption via mail.

The approximate time frame for processing an application is 4-5 weeks. Works may be eligible for funding under the Mosman Heritage Fund.