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• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Guidelines for Local Government on Heritage Investigation, Assessment and Management Aerial view of Nestlé site at Abbotsford. In redeveloping this former industrial site, heritage was considered in the planning process along with other environmental concerns. Photo: Lindy Kerr. WHO WILL BENEFIT FROM THESE GUIDELINES? Within NSW, the role of managing heritage assets is shared — between the community for whom the assets are being conserved, State government agencies, and councils who are in the best position to liaise and work with the local community. This guideline promotes the integration of heritage matters into planning processes at the local government level. It will help to streamline and simplify heritage management. When considering development proposals, for example, cultural heritage matters need to be included along with other environmental concerns, such as traffic impacts, amenity and pollution control. The guideline has been written primarily for local councillors, planners, building officers, community officers and engineers who have a responsibility to consider the future of the State's heritage. It will also be of interest to people generally involved in conserving heritage resources. In the main, the guideline relates to items that are identified in heritage studies and protected in environmental planning instruments under the Environmental Planning and Assessment Act 1979, or through the provisions of the Local Government Act 1993. Planning and Heritage

Planning and Heritage...This guideline promotes the integration of heritage matters into planning processes at the local government level. It will help to streamline and simplify heritage

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Guidelines for

Local Government

on Heritage

Investigation,

Assessment and

Management

Aerial view ofNestlé site atAbbotsford.In redevelopingthis formerindustrial site,heritage wasconsidered inthe planningprocess alongwith otherenvi ronmenta lconcerns.Photo: Lindy Kerr.

WHO WILL BENEFIT FROM THESE GUIDELINES?Within NSW, the role of managing heritage assetsis shared — between the community for whom theassets are being conserved, State governmentagencies, and councils who are in the best positionto liaise and work with the local community.

This guideline promotes the integration ofheritage matters into planning processes at thelocal government level. It will help to streamlineand simplify heritage management. Whenconsidering development proposals, for example,cultural heritage matters need to be includedalong with other environmental concerns, such astraffic impacts, amenity and pollution control.

The guideline has been written primarily for localcouncillors, planners, building officers, communityofficers and engineers who have a responsibilityto consider the future of the State's heritage. Itwill also be of interest to people generallyinvolved in conserving heritage resources.

In the main, the guideline relates to items thatare identified in heritage studies and protected inenvironmental planning instruments under theEnvironmental Planning and Assessment Act1979, or through the provisions of the LocalGovernment Act 1993.

Planningand Heritage

PLANNINGAND HERITAGE

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WHAT IS THE LEGISLATIVE FRAMEWORK FORHERITAGE CONSERVATION?The Heritage Act 1977 provided the firstsystematic means of protecting heritage in NSW.It enables interim or permanent conservationorders (ICOs and PCOs, respectively) to be placedon an item [area] that is significant at a state-wide level. Many of these were made in the firstten years of its operation.

The Act is now more commonly used inemergency situations where urgent protectionfrom demolition or mismanagement is required.It also encourages government agencies to beresponsible for heritage items under their control.

The Environmental Planning and Assessment Act1979 (EP&A Act) and the Heritage Act 1977 wereoriginally conceived as a single act, but theHeritage Act was brought forward due tocommunity concerns over loss of heritage itemsat the time. Initially, the EP&A Act was littleused as a heritage mechanism. An appropriate andworkable mechanism for dealing with heritagethrough the local environmental planning processwas established in 1985, when the then Ministerissued section 117(2) Direction No. G21 —Conservation of Environmental Heritage andEcologically Significant Items and Areas.

This enabled responsibility for heritage to beshared: by State agencies — through the HeritageAct and regional environmental plans (REPs), andlocal government — through local environmentalplans (LEPs) and development control plans (DCPs).

Section 90 of the EP&A Act also provides scopefor local councils or other relevant consentauthorities to consider heritage issues in theassessment of development applications.

Under the Local Government Act 1993 (LG Act)councils are responsible for a system of approvalsand orders, including:

• approval to erect, change the use of, ordemolish a building or structure

• an order to repair, upgrade the safety of, ordemolish a building or structure

• an order to an owner not to demolish, orto cease demolishing or carry out a work,on a building or structure.

Experiment Farm Cottage, together with Elizabeth FarmHouse and Hambeldon Cottage at Parramatta, form partof one of the most important heritage precincts inAustralia. The farms represent the colony’s search forsuitable land and farming techniques needed to achieveself-sufficiency. One of the nation's oldest buildings, thecottage stands on part of the first land grant made inAustralia. The Heritage Council has liaised withParramatta City Council on the preparation of an LEPthat will recognise the precinct’s heritage significanceand provide appropriate development controls.Photo: Stuart Humphreys.

WHAT IS THE ROLE OF LOCAL GOVERNMENT INHERITAGE PRACTICE?The aim of heritage practice in NSW is toinvestigate, assess and manage environmentalheritage, and to promote its conservation for thebenefit of present and future generations. Thisinvolves the use of streamlined, consistent andtransparent assessment, management and approvalprocedures. At the local level, this can be achievedby a council:

• using established standards and processes toinvestigate and assess the significance ofpotential heritage items or areas

• using those mechanisms available to it forprotecting identified heritage assets

• applying existing measures and creatingadditional measures as necessary to manageheritage assets

• establishing programs for heritage educationand promotion for the whole community

• ensuring council staff and councillors areaware of and support all of the above.

PLANNINGAND HERITAGE

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The LG Act gives councils the power to preparelocal approval plans and local orders policies (LAPsand LOPs, respectively) to guide approval andorder procedures, including heritage considerations.Such policies cannot be more stringent than the LGAct itself, nor undercut the principles it establishes.

Whether or not an LAP has been prepared, a councilis required to take into account all relevantconsiderations before issuing an approval.Specifically, the LG Act requires a council to ‘seekto give effect to the applicant’s objectives to theextent that they are compatible with the publicinterest’, and this includes ‘any items of culturaland heritage significance which might be affected’by the activity for which the approval is sought.

The National Parks and Wildlife Act 1974 (NP&WAct) protects Aboriginal places and historic sites,natural areas and endangered flora and fauna.

The Threatened Species Conservation Act 1995amended the EP&A and NP&W Acts, requiring anassessment of the environmental impact onthreatened species as part of the developmentprocess.

The Wilderness Act 1988 enables the declarationand management of wilderness areas.

The Australian Heritage Commission Act 1975(Commonwealth) established the AustralianHeritage Commission, which maintains theRegister of the National Estate and administersthe National Estate Grants Program.

The Historic Shipwrecks Act 1976 now requiresthat the Director of the Heritage Office benotified of any shipwreck discovered in NSW.

THE NSW HERITAGE MANAGEMENT SYSTEMThe NSW Heritage Management System asdescribed in the NSW Heritage Manual has beendeveloped to:

• provide a framework for consistency indecision-making

• make the process for assessing and managingthe State’s heritage more transparent andaccountable.

Like other current environmental impactassessment practices, the NSW HeritageManagement System is based on the premise that

investigating and understanding the importantfeatures of an item should precede assessmentand consideration of the opportunities andconstraints it presents. Only then shouldappropriate management measures be instituted.

NSW HERITAGE MANAGEMENT SYSTEM

STEP 1. INVESTIGATE significance• Know the historical context of the item or

study area• Liaise with the community• Establish local historical themes and relate

them to the state themes• Investigate history• Investigate the fabric of the item.

STEP 2. ASSESS significance• Summarise your knowledge of the item

(include a description of its history, historicalthemes, archaeological potential andcontemporary community esteem)

• Analyse significance using the NSW heritageassessment criteria

• Consider whether the item is significantin a local, regional or state context

• Liaise with the community on the type ofheritage significance and level of managementrequired

• Check that there is sound research and analysisto support the statement of significance (usethe identified historical themes, and theinclusion and exclusion guidelines providedin Heritage Assessments as a guide)

• Develop a succinct statement of significance• Complete the NSW Heritage Database form.

STEP 3. MANAGE significance• Consider the management implications of

the context (local, regional or state) of theitem’s significance

• Consider constraints and opportunities arisingout of the item’s significance includingappropriate uses

• Consider owner and user requirements• Make sound conservation and management

recommendations (including stabilisationand maintenance)

• Explain why any obvious options are notsuitable

• Liaise with the community• Consider statutory controls appropriate

to significance• Advise on how the preferred conservation and

management strategies can be implemented.

PLANNINGAND HERITAGE

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WHEN SHOULD THIS SYSTEM BE USED?There are four main situations when heritagesignificance is assessed and conservation andmanagement policies are considered:

• when undertaking a heritage study• as part of a conservation plan or conservation

management plan• when nominating an item for protection• as part of the development and building

approval process, including the preparation ofaccompanying documentation by applicants(such as a statement of environmental effects,or a heritage or environmental impactstatement) or the assessment of an applicationby an approval authority.(1)

WHY ASSESS HERITAGE SIGNIFICANCE?Assessing heritage significance is a vital part of theNSW Heritage Management System. It establishesthe reasons an item has significance and providesthe basis for appropriate management decisions.These may be non-statutory or statutory. Items ofheritage significance in a local government areawill usually be established through a heritagestudy. Sometimes though, it is necessary to assesspotential heritage items outside this studyprocess, for example:

• when an item is nominated because of someperceived threat

• to establish better information on apreviously-identif ied site

• when major works to an item are proposed.

It is essential to ensure that what is being proposedfor protection is actually of heritage significance.This means, for example, ensuring that if aprecinct is proposed for protection it clearly meetsheritage criteria, and not because of its urbanamenity values that the community may wish tomaintain. These amenity values can be maintainedthrough other planning mechanisms. Suchdefinitional accuracy promotes greater certaintywithin the community that what is identified forprotection actually has heritage value. This inturn, will generate more support for heritagemanagement initiatives, and is also likely to havemore favourable outcomes to legal challenges.

Both property owners and approval authoritiesbenefit from good heritage assessments. A goodassessment provides guidance on the types ofdevelopment that would be sympathetic to theheritage item. This means that proposals thathave a minimal impact on heritage significanceare more likely to be approved more quickly thanthose with a major impact.

WHY HAVE THE HERITAGE ASSESSMENTGUIDELINES BEEN DEVELOPED?The guideline Heritage Assessments, which ispart of the NSW Heritage Manual, seeks todevelop a consistent and rigorous approach toassessing heritage significance, across all localgovernment areas in the State. Councils areencouraged to refer to Heritage Assessmentswhen dealing with heritage issues.

As well as establishing the NSW HeritageAssessment Criteria, Heritage Assessmentsexplains what is meant by local, regional and statesignificance. These terms also indicate appropriatelevels of management of heritage items. Proposalsaffecting regional and state items may require theconcurrence of, or referral to, the Director-Generalof the Department of Urban Affairs and Planning,who will consult the Heritage Council.

Consistent use of the criteria in HeritageAssessments will promote greater certainty aboutheritage decision-making in the community.

Councils are encouraged to use the heritageassessment criteria to enable consistentinformation to be available across the State. Theintention is enter all these items into the proposedNSW Heritage Database. This will allow moreeffective comparative analysis of heritage items.

(1) For further information refer to Heritage Studies,Conservation Management Documents, HeritageNominations, Heritage Approvals and Statements ofHeritage Impact in the NSW Heritage Manual.

PLANNINGAND HERITAGE

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FINDING THE RIGHT MIX OF HERITAGEPROTECTION MEASURESCouncils can choose from the protectionmechanisms available in the relevant legislationto meet their particular needs. Finding the ‘rightmix’ will promote the effective protection of thecommunity’s heritage resources.

Listing Items and Areas in Statutory PlansMost heritage protection in NSW is undertakenby local councils, through the preparation of LEPsbased on heritage studies. Identified items andareas are listed in schedules and shown on mapsto which standard heritage clauses apply (seeHeritage Planning Practice Note Nos 1 and 2 inthe NSW Heritage Manual).

There are also several REPs which list and protectitems of local, regional and state heritagesignificance. The preparation of REPs is theresponsibility of the Department of Urban Affairsand Planning. Consultation in relation to anyheritage matters which may arise through themaking of an REP will be through the statutoryprocess.

Protecting Unlisted ItemsThe LG Act provides another mechanism forprotecting buildings and structures of heritagesignificance. By developing policies to cover theapprovals required, council can create ‘checking

procedures’ to ensure any unlisted potentialheritage resources are not demolished orinappropriately altered. Councils might still needto request emergency protection under sections 130and 136 of the Heritage Act for other types ofheritage resources under threat (for example,gardens, cultural landscapes, relics and moveableitems) if these are not listed in a heritage LEP.

HERITAGE MANAGEMENT: THE NEXT STEPOnce heritage resources have been identified,assessed and given legal protection, they willneed to be appropriately managed. There are avariety of statutory and non-statutorymanagement mechanisms available to councils.How these are used will depend largely on thelevel of heritage significance and thecircumstances of individual heritage items, aswell as the level of resources available.

Some of the more important managementmechanisms and principles are discussed below.The list is offered as a guide rather than acomprehensive review. Consulting with othercouncils, heritage advisors and heritagepractitioners in government or privateemployment, will help in establishing the rightapproach for each local government area. Mostimportantly, councils should consult withmembers of the community, who can helpidentify what needs to be done, and how.

Lambton Colliery.The owners of

Lambton Col l ieryworked closely with

Lake MacquarieCouncil, the

community and theDepartment of

Urban Affairs andPlanning to ensure

new residentialsubdivisions wi l l

respect heritagestructures. The

conserved structuresare to be adapted

for reuse ascommun i t y

facil it ies. Photo:Leanne Gould.

PLANNINGAND HERITAGE

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Encouraging Pre-Development and Pre-BuildingApplication ConsultationsCouncils can encourage applicants to takeresponsibility for heritage items by requiring astatement of heritage impact prior to theassessment of a development proposal which mayimpact on its heritage. It also helps if councilsrequire a conservation plan or conservationmanagement plan for major works to heritage items.

Many councils encourage owners and developersto consult with them at an early stage of designdevelopment. The in-house skills of councilofficers can be used to achieve creative outcomesthat take into account environmental issues,heritage conservation and economic concerns.

Considering Development ApplicationsWhen a development application (DA) is submitted,all relevant statutory provisions, council codesand policies, which include the requirements ofLEPs, REPs and DCPs, will need to be considered.Council officers should consider establishing achecklist to ensure all relevant information issupplied and procedures followed. Heritageadvisors and heritage advisory committees shouldalso be consulted.

Councils should consider establishing theseresources if they don’t already exist. Heritageadvisor positions can be co-funded by council andthe Heritage Council, as a temporary measure,pending the appointment of an in-house heritageoff icer.

An LEP or REP, if it incorporates the standardheritage provisions, provides comprehensivemanagement tools for listed heritage items andareas, including:

• aims and objectives expressly related toheritage conservation

• the types of activities involving heritageitems, areas and relics which require consent

• how to notify the community• how and when to consult with the Heritage

Council and the National Parks and WildlifeService

• what type of supporting information is required• consideration of development proposals and

adjoining land• flexible use, car parking and floor space ratio

incentives• conservation of building interiors (optional).(2)

Considering Building ApplicationsThe provisions of the LG Act enable a council toprepare heritage management policies to beapplied when building applications (BAs) areconsidered, as well as any orders which may needto be issued. The Department of LocalGovernment and Cooperatives can providefurther information on creating such policies andwhat they can include.

Under the LG Act, DAs and BAs can be submittedsimultaneously. This practice is to be encouraged,to simplify and streamline the heritagemanagement system for all relevant parties.

Creating a Local Approvals PolicyMany councils have established a local approvalspolicy (LAP) for evaluating proposals affectingheritage items or areas. This should covermanagement issues, including the need for:

• provision of clear redevelopment proposalsprior to demolition

• consistent assessment of heritage significance(for example, using the NSW HeritageAssessment Criteria)

• statements of heritage impact to accompanyall proposals impacting on known or potentialheritage items or areas — this is usually partof a statement of environmental effects

• evidence that adaptation or restoration is or isnot feasible, where full or substantialdemolition is proposed

• information on the financial viability of aproposal

• preparation of a conservation managementplan, report or analysis

• advertising the BA if demolition of asignificant heritage item is preposed.

Development Control Plans and Design GuidelinesA development control plan (DCP) can be preparedto specify more detailed management policies inrelation to heritage items or areas identified inLEPs. Many of these matters can also be includedin an LAP under the LG Act. DCPs can beincluded as a component of an LAP, adding to thestreamlining of heritage decision-making.(3)

(2) See Heritage Planning Practice Note No. 1 in theNSW Heritage Manual for the standard heritageprovisions.

(3) See Development Control Guidelines, Best PracticeGuideline (DUAP 1995).

PLANNINGAND HERITAGE

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A DCP can apply to a wide range of issuesaffecting heritage management, including:

• subdivision, density and site amalgamation• height and setback controls• landscaping, curtilages and visual buffers• sunlight, views and privacy• car parking• the form, style, size and proportion of building

elements• colour schemes and finishes• village settings and relationships• street patterns and allotment layouts.

As DCPs must be considered by councils indetermining DAs under section 90 of the EP&AAct, the Land and Environment Court will takethem into account in assessing appeals.Community support for the DCP will add to theCourt’s view of the plan’s credibility. This will,in turn, have the effect of promoting consistency inheritage management decision-making at all levels.

Conditional Approval and HeritagePerformance StandardsIn some cases, a council may wish to imposeconditions on a DA or BA approval involving theconservation of a heritage item or area (forexample, redevelopment being conditional on therestoration of a heritage item on the site).Negotiations with owners can result in mutuallybeneficial outcomes involving heritage matters.Clear agreement with the owner should be ensuredthrough the certificate of title or by caveat.

Unnecessary delays can be reduced by establishingheritage performance standards or criteria for theassessment of alterations, extensions and newbuildings. This will encourage applicants tocomply with council policies by giving themconfidence that their application will beprocessed quickly.(4)

If the proposal meets council performancestandards and does not involve a listed heritageitem, a development application may not berequired — the planning instrument should makethis clear. The matter may then go straight to theBA process. Consent for demolition would still benecessary under the LG Act.

Exemptions for Minor WorksA more efficient heritage system can be promotedby encouraging exemptions for proposals whichare not likely to have any adverse impact onheritage significance. This is the objective ofclause 2(2) of the standard heritage LEPprovisions.(5) In this circumstance, the owner isnot required to seek development consent. Byusing this procedure, the council will be able toapply greater resources to more important issues.It will also not need to refer minor matters to theHeritage Council for comment.

A similar approach can be applied to BArequirements under the LG Act. This can beachieved by specifying the circumstances underwhich approval is or is not required in an LAP.

Guidelines for applicants should specify the kindsof works that are exempt from approvalrequirements. It may be necessary to undertakeresearch to be sure that what is proposed will notcompromise heritage significance (for example,allowing dormer windows, or the demolition ofouthouses). Any proposals which do not clearlymeet the guidelines should be assessed by anexperienced heritage officer or the heritage advisorto determine whether an exemption can be madewithout any adverse impact on heritage significance.

The Heritage Council has developed standardexemptions for items covered by PCOs and ICOsunder the Heritage Act. These can be used as aguide to the kinds of works which may not requireapproval. Owners affected by PCOs and ICOs shouldbe encouraged to apply for such exemptions.(6)

Statements of Heritage Impact, Conservation Policiesand Conservation Management PlansCouncil are encouraged to require a statement ofheritage impact before considering proposals thatinvolve changes to a heritage item, particularly ifthe item has high heritage significance. Astatement of heritage impact should accompanythe DA or BA proposing to alter a heritage item

(4) See Performance Based Conditions of Consent, BestPractice Guideline (DUAP 1995).

(5) See Heritage Planning Practice Note No. 2 in theNSW Heritage Manual.

(6) See NSW Heritage: Guidelines on Standard HeritageExemptions for Items Covered by ConservationOrders (DOP/HC 1995).

PLANNINGAND HERITAGE

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and should assess the proposal in relation to aconservation management plan, conservationpolicy or statement of heritage significance.

The statement of heritage impact should relate toa statement of significance for minor works, or toa conservation policy or conservationmanagement plan for major works. The statementof heritage impact need not be a lengthy orexpensive document, but should be tailored tothe nature of the circumstances and thesignificance of the item or area involved. Where aproposal is inconsistent with policy or is likely tohave adverse heritage impact, arguments will needto be provided as to why the proposal is necessaryfor the future viability of the heritage item orarea or why more sympathetic solutions have notbeen adopted.(7)

Protecting InteriorsMost heritage controls only apply to exterior orstructural aspects. However, there may beinstances where an interior of a building hasheritage significance and warrants protection.There is an optional clause in the standardheritage provisions which allows council to listand protect significant interiors through a LEP.(8)

Development in the Vicinity of Heritage ItemsIt is essential to consider the impact ofdevelopment proposals on land adjoining heritageitems and areas. Inappropriately located andunsympathetic development can often adverselyimpact on heritage significance, as well as detractfrom the community’s ability to enjoy theheritage item or area.

Clause 6 of the standard heritage provisions inHeritage Planning Practice Note No. 2 requirescouncil to ensure the impact of adjoiningdevelopment on heritage significance is takeninto account through the DA process. Thisapplies to heritage items, heritage conservationareas, archaeological sites and potentialarchaeological sites. Council approvals policyunder the LG Act can provide the same level ofconsideration for the BA process.(9)

ARCHAEOLOGYIt is essential that approval is obtained for anyproposal to excavate, disturb, move or discover arelic. This applies to Aboriginal, non-Aboriginaland maritime relics.

The standard heritage provisions (see HeritagePlanning Practice Note No. 2) define a relic as:

(a) any deposit, object or material evidence(which may consist of human remains)relating to the use or settlement of thearea of [insert name of local governmentarea], not being Aboriginal habitation,which is more than 50 years old; or

(b) any deposit, object or material evidence(which may consist of human remains)relating to Aboriginal habitation of thearea of [insert name of local governmentarea] whether before or after its occupationby persons of European extraction.’

In the case of a non-Aboriginal relic, whether onland or underwater (including rivers, harbours,lakes and enclosed bays), the council cannot grantconsent to a proposal unless it is satisfied thatany necessary excavation permit required underthe Heritage Act has been granted. If a relic isfound, the council will need to notify theHeritage Council of its intention to grant consentand take into account any comments from theHeritage Council. The council may decide toissue or refuse a permit.

In the case of an Aboriginal relic, similarprocedures apply, but the relevant authority isthe Director-General of the National Parks andWildlife Service under the National Parks andWildlife Act 1974.

These requirements, which cover both known andpotential archaeological sites and relics, are part ofthe standard heritage provisions for LEPs coveredby Heritage Planning Practice Note No. 2. In eithercase, an appropriate assessment of significanceand likely impact should be undertaken. TheHeritage Office’s historical and maritimearchaeologists can advise on these requirementsand processes. The National Parks and WildlifeService can assist with Aboriginal sites and relics.

‘…

(7) See Statements of Heritage Impact.(8) See Heritage Planning Practice Note No. 2.(9) See Heritage Conservation Areas and Heritage

Curtilages (HO/DUAP 1996).

PLANNINGAND HERITAGE

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Archival photo ofNewcastle a centuryago. As Newcastle isone of the State’smost intact earlycolonial settlements,an archaeologicalzoning plan is beingprepared to informthe council anddevelopers whererelics are most likelyto be encountered.

Under the LG Act, councils may prepare LAPswhich set out specific matters for considerationin relation to applications for demolition, buildingor works. One of these matters could beprocedures for dealing with applications involvingarchaeological sites or relics.

How to Use Archaeological Zoning PlansArchaeological zoning plans can be used to identifysites which are likely to have the highest potentialarchaeological significance. The preparation ofthese plans requires extensive research, which islikely to be expensive. Archaeological zoning plans,however, are particularly beneficial in areas subjectto high development pressures, as they providegreater certainty for all sectors of the community,and can reduce delays when an archaeological siteis uncovered during redevelopment.Archaeological zoning plans have been developedfor the Sydney and Parramatta CBDs.(10)

NOMINATED HERITAGE ITEMSThe management of heritage assets is a sharedresponsibility — between the community for whomit is being conserved, local councils who are in thebest position to communicate with the community,and relevant government departments (especiallyfor items owned by the State or Commonwealth).

Successful outcomes for proposals affectingheritage items can be negotiated at a local level.A new guideline has been developed for councilsand the general public to follow when they areconcerned about the future of a heritage item,whether it is listed or not.(11)

The guideline encourages nominations to be madeto the local council or relevant government agency.If there are concerns for the item following thesenegotiations with the local council (or governmentagency), a submission can be sent to the HeritageCouncil. Advice and a model letter is included inthe guideline. The Heritage Council will assess thesituation and consider whether action under theHeritage Act is warranted.

The Heritage Council, which has a consultativerole for major development affecting items of stateheritage significance, also has a role in promotingsound management practices for all heritage items.

(10) For further information see Historical ArchaeologicalSites: Investigation and Conservation Guidelines(DOP/HC 1993), A Code of Practice: HistoricalArchaeological Excavations (DOP/HC 1993) andArchaeological Assessments (HO/DUAP 1996).

(11) See Heritage Nominations in the NSW HeritageManual).

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Nominating Items to be Included in an LEPThe Heritage Office has developed criteria to helpdetermine whether an item is best managed bythe local council and included as a heritage itemin an LEP. The criteria for determining this are:

• the item is likely, on further investigation, tobe a heritage item as defined by HeritageAssessments

• the item is not under immediate threat ofharm and one of the following applies:

–the item is already included in and givenadequate protection by an LEP or REP

–the item is recognised in a heritage study orthe council or government department hasagreed to include its consideration in aheritage study or in the scheduleaccompanying an environmental planningins t rument

–the matter is already being dealt with bythe owner and the local council with dueconsideration of the item’s heritagesignificance and with regard for thedemolition control provisions of the LG Act.

Councils are encouraged to appoint staff whohave the skills to negotiate solutions to problemsinvolving heritage concerns.

Heritage Nominations encourages local councilsto establish procedures for considering heritageitems or conservation areas in an LEP outside ofthe formal heritage study process. Theseprocedures can be included in an LAP.

PROMOTION AND EDUCATIONWhy Consult the Community?The success of heritage initiatives depends oncommunity support. Initiatives will have greatersuccess if the community is involved in theheritage process, from investigation andassessment, through to protection and management.

If a heritage study is being undertaken, ensure thecommunity understands both why it is beingdone and what it will mean when it is completed.The community has the greatest knowledge aboutwhat is of heritage significance. This knowledgeshould be gathered through consultations duringa heritage study. This can best be achieved by widepublicity, for example, sending out newsletters toall sectors of the community at key stages andholding workshops to explain the process.(12)

The same principles apply to any other heritagemanagement processes, such as the preparation ofan LEP or DCP under the EP&A Act, or a policyunder the LG Act. Ensure that draft and completeddocuments are widely publicised, so that thegeneral public as well as councillors and councilstaff know what is happening. This will help tominimise any misconceptions and concerns whichmay arise. It is also important to ensure allrelevant agencies such as the Heritage Council,the National Trust, local historical and othercommunity organisations, are consulted.

How Can Heritage be Promoted?Heritage policies work best when communitypromotions encourage cooperation and conflictresolution. Time and resources spent in this areawill pay dividends. Promotional initiatives include:

• employing a heritage advisor through theHeritage Assistance Program

• conducting heritage seminars and workshopson topics of interest to the community, forexample, how to conserve your house

• producing a newsletter on heritage initiativesand incentives

• producing brochures on interesting walksthrough local heritage areas

• creating design guidelines (or a DCP) toillustrate heritage principles and strategies

• publishing information on the local governmentarea’s history and heritage resources

• establishing a community heritage committee.The Heritage Office can assist councils in conductingheritage training seminars for councillors and staff. Herea seminar is in progress for Parramatta City Councilstaff at Elizabeth Farm. Photo: Stuart Humphreys. (12) See Heritage Studies, NSW Heritage Manual.

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The Benefits of Funding Corowa's Local Heritage. Substantial conservation work has been possible in Corowa in recent years due to the help given to the shire council from the Heritage Assistance Program. Funding hassupported a heritage main street study, the employment of a heritage advisor and a local heritage fund. Duringthe second year of funding more than $257 000 was spent restoring buildings identified in the heritage study (thisincluded 30 buildings receiving dollar-for-dollar grants from the local fund totalling $16 000). The work hasencouraged many other property owners in the town to undertake restoration programs, including the painting ofdwellings, fencing, conservation works and landscaping, all of which significantly enhance the overall appearanceof the town. Photo: courtesy Corowa Shire Council.

Another way to promote heritage conservation isby offering incentives to the community. Thereare a range of options available, includingstatutory ones through standard heritageprovisions in Heritage Planning Practice NoteNo. 2. Others include:

• allowing special planning considerations forheritage items such as change of use andparking considerations when the conservationof the item is dependent on this

• introducing a local heritage fund through theHeritage Assistance Program to assist ownersundertake maintenance and repair work

• providing rate relief to owners of LEP-listedheritage properties

• undertaking a Mainstreet project (see MainStreet NSW [Anglin and Associates 1989], ahandbook available through the Departmentof State and Regional Development)

• promoting cultural heritage tourism• designing distinctive plaques for heritage

buildings and sites• providing an interpretation of significant

heritage items and sites• establish council’s heritage competitions

and award schemes.

PLANNINGAND HERITAGE

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REFERENCESAnglin and Associates 1989, Main Street NSW:Handbook, Department of Planning, Sydney.

Department of Planning & Heritage Council ofNSW 1993, A Code of Practice: HistoricalArchaeological Investigations, DOP/HC, Sydney.

Department of Planning & Heritage Council ofNSW 1993, Historical Archaeological Sites:Investigation and Conservation Guidelines,DOP/HC, Sydney.

Department of Planning & Heritage Council ofNSW 1995, NSW Heritage: Guidelines onStandard Exemptions for Items Covered byConservation Orders, DOP/HC, Sydney.

Department of Urban Affairs and Planning 1995,Development Control Plans, Best PracticeGuideline, DUAP, Sydney.

Department of Urban Affairs and Planning 1995,Performance Based Conditions of Consent, BestPractice Guideline, DUAP, Sydney.

Heritage Office & Department of Urban Affairsand Planning 1996, Archaeological Assessments,NSW Heritage Manual, HO/DUAP, Sydney.

Heritage Office & Department of Urban Affairsand Planning 1996, Conservation ManagementDocuments, NSW Heritage Manual, HO/DUAP,Sydney.

Heritage Office & Department of Urban Affairsand Planning 1996, Heritage Approvals, NSWHeritage Manual, HO/DUAP, Sydney.

Heritage Office & Department of Urban Affairsand Planning 1996, Heritage Conservation Areas,HO/DUAP, Sydney.

Heritage Office & Department of Urban Affairsand Planning 1996, Heritage Curtilages, NSWHeritage Manual, HO/DUAP, Sydney.

Heritage Office & Department of Urban Affairsand Planning 1996, Heritage Nominations, NSWHeritage Manual, HO/DUAP, Sydney.

Heritage Office & Department of Urban Affairsand Planning 1996, Heritage Planning PracticeNote No. 1, NSW Heritage Manual, HO/DUAP,Sydney.

Heritage Office & Department of Urban Affairsand Planning 1996, Heritage Planning PracticeNote No. 2, NSW Heritage Manual, HO/DUAP,Sydney.

Heritage Office & Department of Urban Affairsand Planning 1996, Heritage Studies, NSWHeritage Manual, HO/DUAP, Sydney.

Heritage Office & Department of Urban Affairsand Planning 1996, Statements of Heritage Impact,NSW Heritage Manual, HO/DUAP, Sydney.