Insider’s guide to council approvals part 3 - Heritage planning
This blog post features a rendering of an upcoming project in a heritage conservation area.
Heritage conservation areas (HCA) are unique neighbourhoods that provide a glimpse into the past for residents and visitors. These areas are designated for the purpose of protecting and preserving the character and cultural significance of the built environment. Ballast Point is particularly active in the Balmain Peninsula, which contains a significant HCA due to its history.
However, owning property in an HCA can be challenging due to the strict regulations governing any development or alterations to the building's facade and the surrounding streetscape. This is where heritage planning comes in.
Heritage planning is the process of managing the conservation and development of heritage properties in a manner that balances the need to protect the heritage value with the desire for new development. It involves working with heritage consultants and the local council to determine what can and cannot be done with the property while respecting the heritage conservation regulations.
While living in a Heritage Conservation Area can add value to your property and offer a unique atmosphere and desirable location, it also comes with limitations on what can be done with the property. One of the challenges of heritage planning is that interpreting heritage controls can be subjective rather than objective. This means that heritage value is not something you can measure with a fixed set of criteria. It relies on the opinion of heritage consultants who assess the cultural, historical, and aesthetic significance of the property. Sometimes council’s preference is for preservation rather than conservation, which may result in constraints on design creativity and development potential. Property owners may find themselves pushed to build something that does not align with their personal taste, and complying with heritage conservation regulations can be challenging and frustrating. As a property owner, it's important to hire a heritage consultant who supports your development plans and can work with the council's heritage consultant, who may oppose them.
As a rule of thumb, in heritage areas, emphasis is placed on preserving the streetscape character, meaning they are keen to preserve the existing building frontages, facades and appearance from the street, with any new development hidden or obscured from the street view.
Getting a Complying Development Certificate (CDC) is not an option for any substantial work in HCAs that has an external visual impact. However, some internal work can be done as CDC, such as reconfiguring internal spaces, as long as you don't change windows and external doors or move external walls. Buyers looking to gauge development potential of a heritage-listed property should seek advice from a heritage consultant.
In a Heritage Conservation Area, Complying Development refers to the type of development that meets specific requirements and can be approved quickly by council. While certain internal changes are permitted in Heritage Conservation Areas, it's important to note that changes that impact the exterior of the building are not allowed unless they do not alter the heritage-listed interiors. More information about Complying Development can be found here.
Heritage-listed buildings in Sydney have different levels and categories of listing, and specific reasons for listing will be outlined on the listing. Buyers looking to purchase a heritage-listed property should consult with a heritage consultant to understand the development potential of the property. Note that buildings with a specific heritage listing have stricter controls and rules than buildings that simply fall in an HCA.
For minor external works and repairs such as installing a skylight, replacing a window, or adding a fence, a heritage exemption certificate may be obtained, which is a relatively simple and quick process and involves a simple application through the council. Generally, heritage exemption certificates are issued for repairs, painting, window replacement, or addition of a skylight, and there is a roughly $150 application fee for a single property in the Inner West Council.
In summary, heritage planning plays a vital role in preserving the cultural and historical heritage of these areas for future generations. Despite the constraints that may come with owning properties in HCAs and heritage-listed areas, seeking guidance from a qualified heritage consultant can assist buyers in navigating the intricacies of heritage planning and understanding a property's development potential.
It is crucial for property owners contemplating any development or modifications to their property to consult an expert heritage consultant. These professionals can offer guidance on compliance with heritage conservation regulations, advise on permissible alterations, and provide support throughout the complex heritage planning process.
At Ballast Point, our experience working within HCAs means we can provide initial information and direct you to expert advice on heritage planning and development if required. Reach out to us to learn how we can assist you in navigating the challenges and opportunities of owning and developing property in a heritage area. You could also check out our consultation services.
If you would like to access the complete Insider’s Guide to Council Approvals blog series, you can start with Part 1 here.
