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

2. 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.

3. 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.

4. 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.

5. 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.

6. 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).

7. 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.

8. 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.

9. 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.

10. 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.

11. 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

12. Case Study - Littlebourne

13. 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

14. 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

15. Case Study - Littlebourne

16. Case Study - Littlebourne

17. Case Study - Littlebourne

18. 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.

19. 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.