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To make it easier for owners to maintain and repair their properties, clause 5.10(3) of the Lake Macquarie Local Environmental Plan 2014 specifies that certain development may be carried out to heritage items or within heritage conservation areas without the need for a development application. Works may be carried out under a local heritage exemption when:
Council have been notified and given approval in writing
development is of a minor nature or maintenance and would not adversely affect the heritage significance of the heritage item or heritage conservation area.
Applications for local heritage exemptions are typically like-for-like replacement or rectification works that would be considered exempt development if not for the site being a local heritage item or in a heritage conservation area. Minor or maintenance works may include like-for-like repairs, such as replacing rusty gutters and downpipes to match original details, restoring a malfunctioning window or a front verandah.
Exemptions will not be issued for:
demolition
erecting a building
change of use
removal/pruning of trees.
Applications cannot be made for works already started or completed. Your application must be assessed and approved in writing before you can proceed with proposed works.
Some maintenance and minor works to local heritage items or buildings in heritage conservation areas may fall under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. This would also allow you to proceed without applying for a local heritage exemption from us.
To apply for a Heritage Exemption online, you must be registered with Council's Online Services. Registration can take up to one business day to process. If you are already registered and would like an update on your exemption, please sign in.
Register or sign in
Your application needs to include a description of the proposed works and an assessment of how the work will affect the heritage significance of the listed item or area. Additionally, your application must contain:
You may also wish to supply a sketch or plan of the proposed works and any other relevant information to support your application, such as colour swatches, product brochures, specifications and/or other relevant documentation.
For further advice, contact our Customer Service Centre on (02) 4921 0333 (Monday - Friday, 8am - 5pm).
As part of your application, you will be asked to explain how the work will affect the heritage significance of the listed item or area. The level of detail required depends on the specific heritage item/area and the proposed works. Council's Development Planner Heritage can provide guidance based on your circumstances. For certain works, it may be beneficial to engage a heritage consultant for advice.
If your property or item is on the State Heritage Register, you will need to obtain an approval/exemption from the NSW Heritage Council before applying for a local heritage exemption from Council. You will need to submit an electronic copy of this approval/exemption with your Council application.
For further advice, contact our Customer Service Centre on (02) 4921 0333 (Monday - Friday, 8am - 5pm) and ask to talk to Council's Development Planner Heritage or a Duty Officer.
Once you've gained any relevant state approvals and gathered the required documents, you are ready to apply for your Heritage Exemption.
Applications cannot be made for works already started or completed. Your application must be assessed and approved in writing before you can proceed with proposed works. If Council is not satisfied the proposed development meets the criteria for local heritage exemptions, you will be requested to submit additional information and/or lodge a development application.
Apply online
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You can find a description of the significance of heritage items on the State Heritage Inventory, and in the Development Control Plan for our Heritage Conservation Areas.
Heritage properties - Lake Macquarie City Council