Is approval required?
In most circumstances, development consent is ordinarily required for works to a heritage item or to a property in a heritage conservation area (HCA).
However, many owners and managers of heritage listed properties or properties in a HCA are unaware that some certain works can in fact be undertaken without the need for development consent.
If you are proposing to carry out works to a heritage item or to a building, work, relic, tree or place in a HCA, and the works are considered by City of Newcastle (CN) to be of a minor nature or for the maintenance of the property, development consent may not be necessary.
However, CN must be notified of the proposed works and you must first obtain a written response from CN advising that development consent is not required before commencing any works.
When should this form be used?
Use this form to seek CN’s endorsement of a proposed development being regarded as:
- 'Minor work' or 'Maintenance' not likely to affect the heritage significance of a heritage item or property within a heritage conservation area.
Under Clause 5.10(3)(a)(i) and (ii) of the Newcastle Local Environmental Plan 2012:
- If CN is satisfied that development consent is not required, an endorsement of the application will be provided in writing and issued to you.
- If CN declines to grant an exemption, a Development Application must be lodged for the proposed works.
Under the Newcastle Local Environmental Plan 2012, maintenance is defined as:
'ongoing protective care, it does not include the removal or disturbance of existing fabric, alterations (such as carrying out extensions or additions) or the introduction of new materials or technology'.
CN will only agree to this exemption request if the proposed works are minor and would otherwise be considered Exempt Development if not for the site being a heritage item or in a HCA. Principally this includes 'like for like' replacement/rectification works.
If you have any questions please contact us on 02 4974 2000 between 8am - 5pm Monday to Friday.