Heritage Protection Perspectives of Bathurst Regional Council Nicholas Murphy Senior Strategic Planner

Introduction Heritage places and objects are protected in NSW by identifying and listing items or areas of heritage significance either at State or local level. Listing provides the legal framework for managing the approval of changes so that heritage significance is retained and not diminished. Heritage listings flag that a place or object has heritage significance.

Levels of listing Four main statutory lists for places that are of heritage significance: local, state-wide, Australia-wide and/or world-wide Locally significant heritage places are listed on local council Local Environmental Plans. The State Heritage Register lists our State’s most significant heritage places and objects known as items of state heritage significance. New South Wales has two main types of heritage listings known as: heritage items and heritage conservation areas.

Levels of listing Nationally significant places are listed on the National Heritage List. Places of world-wide significance like the Sydney Opera House are inscribed on the World Heritage List.

Why list? As with zoning, certainty is the driving reason for listing. By flagging our heritage places, listing gives owners and the community certainty about what is a heritage place. It provides advance knowledge about the approvals process, and confidence that future changes to listed places and surrounds will be sympathetic ahead of important decisions such as purchasing. Listing is the established world-wide method for managing heritage.

What does a heritage listing mean? 1. Recognition Listing gives public recognition to heritage places under State law. The process of listing produces information about the history and significance of a place. 2. Approvals for change State and local listing requires approval to be sought for change to that place. State listing normally prevents demolition and neglected maintenance (minimum maintenance standards).

What does a heritage listing mean? 3. Support Listing gives the owner approved access to heritage grants (both local and State), free advice from Council heritage advisors.

Applications for changes to a heritage listed place Neither State nor local listing prescribe how a place can or cannot be changed. Any change can be assessed for approval.

Applications for changes to a heritage listed place 1. Places listed on the State Heritage Register NSW Heritage Act 1977. State Government can list a property/site on the State Heritage Register. Section 60 of the Heritage Act requires consent for changes to a place listed on the State Heritage Register. Approval process is managed by the Heritage Division of the NSW Office of Environment and Heritage. The applicant can submit their own assessment of impact (Statement of Heritage Impact) with their application. Minor works, day to day repairs and maintenance are usually exempt from the need for approval under State government standard (or site specific) exemptions for State listed items. Changes to State listed items also need local government approval as these places are also generally listed on the Council LEP. The general terms of State approval can be sought as part of an integrated development application lodged with Council.

Applications for changes to a heritage listed place 2. Places or Conservation Areas listed on a Local Environmental Plan Environmental Planning and Assessment Act 1979. Local Environmental Plan can list a site or a heritage conservation area. Clause 5.10 of the SILEP, requires consent for changes to a heritage item or a building or place within a heritage conservation area. A Development Control plan may outline Council’s requirements for development proposals in relation to heritage matters. Approval process is managed by the Local Council. The applicant can submit their own assessment of impact (Statement of Heritage Impact) with their application. Minor works, day to day repairs and maintenance are usually exempt from the need for approval under clause 5.10(3) of the LEP.

Heritage in the Bathurst Region 342 Heritage Items under Bathurst Regional LEP 2014 11 Heritage Conservation Areas Development application must be lodged for changes to heritage items or properties within a heritage conservation area. The Complying development pathway (that is a fast track approval process for developments that meet a pre-set list of criteria for new development) is not available in a Heritage Conservation Area or on a heritage items as a pre-set list cannot account for impacts on heritage significance. Chapter 10 of the DCP outlines Council’s various requirements for development proposals including: Requirements for heritage management documents, e.g. CMPs or Heritage Impact Statements Demolition New infill development Provisions for new development or changes within each Heritage Conservation Area Residential provisions Commercial provisions Archaeology Aboriginal heritage

Case Study - Littlebourne

Questions on the legislative framework Quick facts: 8.91 ha property Whole property is listed as heritage item on the LEP (not just house and outbuildings) – Item 159 Was zoned RU1 Primary Production Sought rezoning to R5 Large Lot residential – Subdivision potential to 4000m2

Case Study - Littlebourne Heritage assessment undertaken to inform the rezoning: Curtilage for homestead and outbuildings – buffers/views to and from/retention of landscaping Preferred building form for new development on new surrounding lots Potential for archaeology Potential for aboriginal heritage

Case Study - Littlebourne

Case Study - Littlebourne

Case Study - Littlebourne

Case Study - Littlebourne Enabled Council to impose standards in the development control plan for new buildings in relation to matters such as: All buildings should have a height no higher than 713m AHD or the height of the ridge of Littlebourne Homestead as measured from the finished ground level. Where visible from the street or adjoining Littlebourne Homestead, roof pitches are to be at least 30 degrees. Roofing materials are to generally be steel sheeting of a traditional corrugated profile and are to be galvanized iron, zincalume, or pre-coloured metal sheet (provided the colour is sympathetic to the historic character of the Littlebourne Homestead). The proposed colour is to be nominated on any plans submitted to Council for approval.

Case Study - Littlebourne Where visible from the street, new windows should be vertical in proportion or have regard to traditional or historic window proportions. Fencing material is to be brick, timber and/or wire. Pre-coloured metal sheet fencing is not permitted. Fencing is to be constructed so that it does not prevent the natural flow of storm water drainage. Outbuildings are to be constructed of brick, timber or steel sheet metal of a traditional corrugated profile and are to include a roof pitch and colouring that complements the roof pitch and colouring of the surrounding dwellings. American barn style outbuildings will generally not be permitted.