FAQs

Listing Heritage Items, because of their associations, their history, or their intrinsic qualities – their heritage significance – means that properties can be appropriately managed and respected when planning for new development. 

Heritage listings assist in facilitating sensitive change to ensure Heritage Items retain their significance and functionality into the future. 

Heritage listing therefore gives certainty to owners and the wider community that the heritage qualities of a property will be protected for the benefit of current and future generations.

There are limitations to development of a Heritage Item including:

• Demolition of a Heritage Item is not permitted
• A Development Application is required to alter a Heritage Item that is a building, including, making changes to its detail, fabric, finish or appearance, however, for minor works a Heritage Exemption may be provided. 
• A Complying Development Certificate cannot be issued for a Heritage Item. 
• Alterations and additions to a Heritage Item must conserve the heritage significance of the site, including associated fabric, settings and views.
• Lot subdivision or amalgamation is generally not supported.

Heritage listing does not pre-determine what can or cannot change. Instead, listing triggers a process for managing change. This is by lodging a Development Application or Heritage Exemption Application for Council's assessment under the heritage controls. Heritage items can be altered through this process that maintains the heritage significance of the place.

As each property will have differing features and its own unique history, this careful approval process allows changes to be individually assessed by Council on their merit. 

Council has sent letters to affected property owners in the vicinity of the proposed heritage item at 106 Sydney Street.

Being in the vicinity of a Heritage Item does not impact on the ability to carry out exempt or complying development.

Exempt development is minor development that does not require any approval provided it meets specified criteria. Complying development is low impact development that can be approved by either Council or a privately accredited certifier. 

If you cannot undertake works as exempt or complying development and need to lodge a Development Application, Council will consider whether the proposed works detract from the Heritage Item.  For minor changes, little to no additional information will be required for your application.  For substantial changes, Council may require a Heritage Impact Statement as part of your application. Council offers a free heritage advice to assist in this process.

Development applications must include a heritage impact statement (HIS) for heritage items, or for land in the vicinity of a heritage item or for a building, work, relic, site or place within a heritage conservation area. 

The statement must identify the heritage significance of an item, place or area, the impacts of any proposed changes, and how these impacts will be mitigated. 

The length of the statement will vary depending on the scale and complexity of the proposal. A brief account included in the statement of environmental effects (SEE) may be sufficient for minor work that will have little or no impact on the significance of a heritage conservation area. A more extensive report would be required for more complex proposals or those that will have a major impact on a Heritage Item. 

Notes: 

Applications should show that consideration has been given to the conservation and heritage of the item or component of a heritage conservation area under Part H of this plan. 

Applicants should refer to: 

• Local Government Heritage Guidelines, Heritage NSW at heritage.nsw.gov.au. 
• Development application checklist – supplementary information, Willoughby City Council, available at willoughby.nsw.gov.au.

For general queries on the Heritage Impact Statement requirements as part of development application lodgement, you may speak to Council's Heritage Officer. 

A heritage place may have one or more level of significance. Most heritage in Willoughby is of Local Significance, meaning it is important to the heritage of City of Willoughby and is listed on the Willoughby Local Environment Plan 2012 in Schedule 5. 

Heritage places that are rare, exceptional or outstanding beyond the local area or region may be of State Significance and are listed on State Heritage Register by NSW government.

This planning proposal is for the listing of the subject site as a heritage of Local Significance on the Willoughby Local Environment Plan 2012 in Schedule 5 .