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What can I do to my property?

Development work, including alterations, additions and extensions to a heritage item or a property within a heritage conservation area are permissible with development consent in accordance to the provisions of Clause 5.10 of the Hornsby Local Environmental Plan (HLEP) 2013.

Part 9 of the Hornsby Development Control Plan (HDCP) 2013 provides objectives to protect the heritage values of listed items and conservation areas and outlines controls to guide how to make sympathetic changes through building design, materials, finishes, garages, carports, driveways, fences, gates, landscaping and subdivision.

The heritage controls are designed to ensure changes do not detract or remove the heritage significance of the place, not to prevent new development.

In summary, you can:

  • make minor repairs using the same materials and finishes.
  • Undertake property maintenance e.g. trimming trees, clearing gutters etc
  • repaint surfaces using colours that are the same or in keeping with the heritage of the property or heritage conservation area.

You can request to renovate:

  • kitchen, bathrooms, and laundry to suit modern-day lifestyles.
  • living areas and bedrooms
  • construct or install solar energy systems

You can’t:

  • demolish or remove a significant building or part of a building, or a fence
  • externally alter significant features on a building including windows, roof materials, building height and verandas)
  • Remove significant gardens and landscaping

You can with Development consent:

  • demolish or remove a non-significant building or part of a building, or a fence
  • construct a building, or part of a building, or fence (this includes rear additions and secondary dwellings)
  • construct or install rainwater tanks, swimming pool, spa, pergola or verandas
  • externally alter a non-significant building or part of a building

To learn more about renovating heritage places refer to Council’s Heritage in Hornsby brochure Renovating a home (PDF 2.8MB).

Heritage Exemption Advice

Some minor works or maintenance may be able to be undertaken to a heritage listed property or a property located within a heritage conservation area without development consent. However, written advice from Council confirming an exemption must be obtained prior to any works commencing.

Under Clause 5.10(3) of the Hornsby Local Environment Plan 2013 (HLEP), development consent may not be required for work to a heritage item or to a property within a heritage conservation area if Council is satisfied that the proposed development:

  • Is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and
  • Would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area.

How to Apply

A request for advice on whether works to a Heritage Item or within a Heritage Conservation Area can be carried out without development consent can be submitted through Council's Online Services Portal.

Fee

There is no fee for requesting heritage exemption advice.

Documentation

The submission of comprehensive information with the request will assist in Council’s assessment of your proposal. At a minimum, a statement describing the proposed works and photographs must be supplied. Other information such as plans, schedule of colours, materials, construction details and tree location should be supplied if they are relevant to the proposed works.

Review and Advice

Following lodgement and a preliminary review of the proposal, Council may request further information to assist in the assessment before providing written advice.

Council will endeavour to respond with advice within 21 days.

Further information on maintenance or minor works to heritage items or properties within heritage conservation areas is available in Part 9 of the Hornsby Development Control Plan 2013.

Information in relation to works that may impact on trees is available on Council’s Tree Management and Preservation webpage.