Heritage development consent exemption application

The best way to conserve the heritage significance of places is to carry out minor works or regular maintenance and repairs.

Find out how to request a heritage exemption using the online form below. 

You may request a heritage exemption to carry out minor or maintenance works to:

What are minor or maintenance works?

These requests are typically like for like replacement or rectification works that would be considered exempt development if the site was not a local heritage item or in a heritage conservation area. This includes:

  • like for like repair of a malfunctioning window
  • replacing rusty gutters and downpipes to match original details
  • restoring a front verandah.

How to apply

Step 1.Check if you need to lodge an application

We need an exemption request when works:

  • Impact a local heritage item or 
  • Impact a building within a heritage conservation area 

on land covered by the Byron Local Environmental Plan 2014

Search the address on the NSW Planning Portal spatial viewer to confirm if this applies to your site.

Step 2.Gather your documents

You will need to include details of the works you are proposing, this includes:

  • Statement of works;
  • Photos of the area of the proposed works;
  • Diagrams, plans, elevations showing the location and nature of the proposed works.
  • Any other supporting information.

Step 3.Lodge your application

Requests for local heritage exemption should be lodged using the online. 

Fees apply for this application.

Apply for heritage exemption

To make it easier for owners to maintain and repair their properties, Byron Shire Local Environmental Plan 2014 specifies certain development that 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:

  1. the consent authority has been notified and given approval in writing.
  2. 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.

Other Government bodies you may need to notify

If the building is also listed as a state heritage item, you’ll need to obtain both a local heritage exemption and a state heritage works approval. However, when your proposed works fall under a site-specific or standard exemption, you won’t need to lodge either application.

Other approvals

Some minor or maintenance works to local heritage items or buildings in heritage conservation areas may still fall under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. This would also allow you to proceed without requesting a local heritage exemption from us.

 

If your request is approved, you should keep the Council's written confirmation that your works don’t require consent for your records.

Contact

Development Support Officers

Phone: 02 6626 7025

Email: dso@byron.nsw.gov.au

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