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Did you know there are some building works that can be carried out to heritage items or buildings within a conservation area without development consent?
The relevant local environmental plan will have a clause (in most cases, Clause 5.10(3) based on the Standard Instrument) that covers certain minor works that do not require formal approval from council.
In most cases, a written notice to the council will suffice. The details of the standard clause are below:
(3) When consent not required
However, development consent under this clause is not required if:
(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.
Minor works may include:
reinstatement of a palisade fence, gate or masonry plinth using traditional proportions, size and
The above list are examples only and the main consideration is that you need to demonstrate that the works are of a minor nature or for the maintenance of the building and will not adversely affect the significance of the building or conservation area.
Before undertaking any work, it is important to check the Local Environment Plan (LEP) for the council area you are working in to ensure this clause does apply.
It is appropriate to discuss any plans with the local council before commencing any works and it is important to note that approval cannot be given if works have commenced.
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