To make it easier for owners to maintain and repair their properties, clause 5.10 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 can only be carried out without a development application when:
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they're minor, to maintain and don’t affect the significance of a heritage item, Aboriginal object, place of heritage significance or archaeological site or building within a heritage conservation area.
Applications for local 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:
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demolition
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erecting a building
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 minor or maintenance 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.
Local Heritage Exemption Applications are subject to an assessment by Council's Development Planner Heritage. Council's Development Planner Heritage can also provide advice on whether proposed works can fall under a Local Heritage Exemption.