Local Heritage Exemption

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: 

  • the consent authority has been notified and have given approval in writing 

  • 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: 

  • 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 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.

Online

Step 1.Register or sign in

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

Step 2.Assessment of heritage impact

As part of your application to Council, you will be asked to advise how the work will affect the heritage significance of the listed property or item. You may wish to engage a heritage consultant to assist with this.

Step 3.Gather your documents

Your application must include:

You may also wish to supply a simple sketch or plan of the proposed works and any relevant product samples, specifications, colours or material. 

For further advice, contact our Customer Service Centre on (02) 4921 0333 (Monday - Friday, 8am - 5pm).

Step 4.Register or sign in

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

Step 5.Apply

Once you've gained any relevant state approvals and gathered the required documents, you are ready to apply for your Heritage Exemption.

Apply online