In New South Wales, a heritage item is a particular place listed in the council's local environmental plan. A heritage conservation area is an area of land, and its controls reach every property inside it, listed or not. Both bring in consent requirements for work that would not otherwise need one.
In summary of the Standard Instrument's Dictionary, a heritage item is a particular place the plan lists in Schedule 5 and marks on its Heritage Map. It need not be a building: a tree, a relic or an archaeological site can be one. Places of local significance are listed by the council in its plan. Places significant to the whole state are listed on the State Heritage Register under the Heritage Act 1977, and works to them need approval under that Act unless an exemption applies.
In summary of the same Dictionary, a heritage conservation area is land the plan identifies, on its Heritage Map and in Schedule 5, as significant as an area, and any heritage items inside it are part of it. A house in a conservation area is not itself a heritage item, but the area's controls apply to it.
Clause 5.10 of the Standard Instrument is compulsory, so every plan carries it. Among other things, clause 5.10 requires development consent to (in summary):
That is a summary of clause 5.10, not its wording. The clause also sets out cases in which consent is not required. A council also considers the effect of development on heritage items nearby, which a search of your own lot will not show.
The section 10.7(2) certificate must say whether the land is in a conservation area and whether an item of environmental heritage is on it. The State Heritage Inventory can be searched for listed places, and a certificate under section 167 of the Heritage Act 1977 states whether listings and orders under that Act apply to the land. Aboriginal cultural heritage is recorded separately, in the Aboriginal Heritage Information Management System (AHIMS), and AHIMS sites are generally not shown on the LEP Heritage Map.
Victoria protects local heritage through the planning scheme. A council protects a place of local significance by putting it in the Heritage Overlay, which is clause 43.01 of its planning scheme, with a schedule naming each place; the Planning and Environment Act 1987 gives the scheme its force. A planning permit from the council is generally needed for works such as demolition, external alterations and new buildings. Places of state significance are on the Victorian Heritage Register under the Heritage Act 2017, and changes to them need approval from Heritage Victoria. A place can be in both.
For a New South Wales address the report reads the plan's heritage map against the whole lot and says whether a heritage item or a conservation area is mapped there. It prints the class the map records, such as "Item - General" or "Conservation Area - General", not the item's name, and where both an item and a conservation area apply it shows one of them, so the certificate is the place to see both. Where the council's heritage map covers the area and nothing is mapped on the lot, it says so; where we hold no heritage mapping for that council, it says it cannot tell. It states that this is the plan's map only: it does not cover the State Heritage Register, interim heritage orders, draft listings or Aboriginal cultural heritage, and does not say whether an item adjoins the land.
For a Victorian address it reports the Heritage Overlay, the Victorian Heritage Register, the Victorian Heritage Inventory and areas of Aboriginal cultural heritage sensitivity as separate lines. In neither State does it say what a listing would allow or refuse; the council does. The hazard map and the council pages show what else is mapped in each council area.
Check an addressReports from $9.90 including GST, paid once. The price belongs to the jurisdiction the address is in; the check is free and tells you the exact total for your address, and which registers cover it, before you pay anything.
In New South Wales, a heritage item is a place listed in Schedule 5 of a local environmental plan and marked on its Heritage Map, whether a building, a tree, a relic, an archaeological site or another kind of place or object. A heritage conservation area is land the Heritage Map and Schedule 5 identify as significant as an area, including any heritage items within it. In summary, clause 5.10 of the plan requires development consent to demolish, move or change the outside of a heritage item or of a building in a conservation area, to put up a building on such land, or to subdivide it, except in the cases clause 5.10 sets out.
In Victoria, local heritage places are protected by the Heritage Overlay, clause 43.01 of each planning scheme, and a planning permit is generally needed for demolition, external alterations and new buildings. The Victorian Heritage Register, kept under the Heritage Act 2017, lists places of state significance.
General information about New South Wales and Victorian registers. Not legal, planning or valuation advice for any particular property.