FAQs

Council Decision

In December 2023, Council resolved to progress the draft Planning Proposal to the NSW Department of Planning, Housing and Infrastructure for a Gateway Determination, with the following adjustments:

1) Include additional land:

• The full road reserve and length of Old Razorback Road.
• The full length of the Upper Canal including the open canal and piped sections.

2) Remove the following items:

• Bindook Station.
• Former Petrol Station and Workshop, Oakdale.
• Appin Road Conservation Area.

There will be no further action to list these as heritage items.

3) Defer the following to allow for additional analysis of heritage merit:

• Store (Former) 168 Argyle St Picton.
• Kalinya Gardens and Landscape at 60 Great Southern Road, Bargo
• Cottage at 91 Hawthorne Road, Bargo
• Farm house at 2 Werri Berri Rd, Orangeville
• Farm house at 160 Dwyers Rd. Pheasants Nest
• Cottage at 18 Webster St, Picton.

These items were removed from this Planning Proposal and are being further investigated, separately.

We have also updated some of the inventory sheets using information provided during community consultation. 

New Items

• 52 new heritage items
• Three new landscape conservation areas including Appin Massacre, Spaniards Hill, and Vault Hill Landscape Conservation Areas

 Revised Items

• Four items are amalgamated into two related items
• 48 amendments to existing items, to update item names, addresses, category and / or mapping
• A grading of ‘Local’ Significance’ has been added to all existing Conservation Areas.
• The extension of the existing Picton Conservation Area.

A Heritage Item may be an individual building, outbuilding, work, relic, place and/or setting of a property that meets the heritage assessment criteria and is listed as a heritage Item. The listing usually applies to the whole property, not just the front or exterior of the building. What is of heritage significance on the property is outlined in the ‘Statement of Significance’ in the attached inventory sheet for each property (See Listings).

A Conservation Area or Landscape Conservation Area is a group of properties which collectively have heritage value. They are listed as a Conservation Area or Landscape Conservation Area. They may include the historical town layout and the relationship between the buildings, landscaping and streetscape that create a sense of place that is special. They may include a special landscape setting, view or vista.

A heritage listing recognises a property’s value, and can allow additional uses of the property that may not otherwise be permitted in the zone (See Clause 5.10(10) of WLEP). 

Council provides free heritage advice through its heritage advisory service. 

It may also open the door for funding opportunities.

The NSW government document Heritage Listing Explained explains the many heritage benefits and busts heritage myths. 

Heritage significance does not just apply to grand old buildings. There are seven established criteria for assessing significance; a property just needs to meet one to have heritage significance. The criteria include – 

• historical
• historical association
• aesthetic
• social
• technical / research
• rarity
• representativeness.

This is explained in the following NSW Government documents:

• Assessing Heritage Significance – Guidelines for assessing places and objects 
• Investigating Heritage Significance 

• Local significance – means that it is listed in the WLEP and has significance to the people of Wollondilly local government area
• State significance – means that it is listed on the State Heritage Register and has significance to the people of NSW 
• National significance – means that it is listed on the National Heritage list and has significance to the people of Australia
• World significance – means that it is listed on the World Heritage list and has significance to the people of the World.

Heritage listing of a property provides formal recognition by Wollondilly Council and / or the NSW Government that the property has heritage significance and that the community wants it protected for future generations. 

It does not mean you can’t make a change or that you have to keep the property like a museum! Changes and additions that serve your needs and that respect and retain the significance of the heritage listing are encouraged.

Some works that are of a minor nature or are for maintenance, such as repainting or replacing a roof, are essential works. 

These may be carried out on Heritage Items or within Conservation Areas without the need for development consent if the work will not have adverse heritage impact. 

The owner needs to advise Council in writing and wait for Council’s response before starting work.

A Development Application is required for any development to a Heritage Items or within Conservation Areas that are more than minor or maintenance. 

• Requirements are provided in Clause 5.10 of WLEP and Volume 1 of Wollondilly Development Control Plan (WDCP 2016). 
• Guidelines are provided on Councils website on:
  1. Heritage Conservation 
  2. Preparing a Development Application 
• The NSW government document Better Placed Guide for Heritage outlines how to make appropriate changes to heritage properties.

The recommendation to list a property is the result of a heritage study carried out by a heritage expert using the required assessment criteria. 

The ‘Statement of Significance’ and the assessment criteria are set out in the inventory sheet for each property (see Listings). 

If you don’t agree, you need to provide sufficient information that explains why it does not have heritage significance. It is recommended that you seek your own assessment by a heritage professional. Council will give this consideration in determining whether a property should be heritage listed.

A Planning Proposal is a document and supporting information that explains the intended effect and justification of proposed amendments to a Local Environmental Plan. In this case, the Wollondilly Local Environmental Plan 2011. 

This explanation is provided through text and images (usually maps).

The plan making process normally involves the following key components:

• the preparation of a planning proposal
• the issuing of a Gateway Determination by the NSW Government
• community and other consultation on the proposal
• legal drafting of the Local Environment Plan (LEP - the legal instrument)
• 'making' the plan
• notifying about the LEP on the NSW Government Legislation website.

A planning proposal, once prepared, is forwarded to the Minister for Planning and Public Space for Gateway consideration.

A Gateway Determination is issued by the Minister or delegate. The Gateway Determination will generally include the following:

• whether the Planning Proposal should proceed (with or without variation)
• whether any studies are required
• whether the proposal should be resubmitted for any reason
• the community consultation requirements
• any consultation required with state or commonwealth authorities
• whether a public hearing is to be held
• the timeframe for completing the various stages of the process for making the proposed LEP
• whether the function of making the LEP is to be exercised by the Minister or delegated to the Council (or another authority).

Council may be required to release written comments or submissions to an application under the Government Information (Public Access) Act 2009 or the Local Government Act, 1993, which oblige us to release documents in certain circumstances.

Wollondilly 2040 Local Strategic Planning Statement (LSPS) outlines Wollondilly's vision for land use planning over the next 20 years. 

The vision is for a prosperous, sustainable and resilient future for Wollondilly residents, with an enviable lifestyle of historic villages, modern living, rural lands and bush settings.