What is a planning proposal?
A Planning Proposal is the process by which a Council makes changes to its Local Environmental Plan (LEP). There are five steps involved in a planning proposal:
1. The planning proposal - the relevant authority (Council in this case) prepares the planning proposal. The relevant authority is usually the local council; however the Minister can appoint the Secretary of the Department of Planning and Environment or the Sydney East Planning Panel to be the relevant planning authority.
2. Gateway - the Minister (or delegate) decides whether the planning proposal can proceed (with or without variation) and subject to other matters including further studies being undertaken, public consultation, public hearings, agency consultation and time frames. The conditions are then complied with and if necessary, the proposal is changed.
3. Community engagement - the proposal is publicly exhibited for community comment as required by the Gateway Determination. A person making a submission may also request a public hearing be held.
4. Assessment - the Planning Proposal Authority (Council in this case) reviews public submissions. The submissions and officers recommendations on the proposal are reported back to Council for a decision to go ahead or not. Councils decision is then referred back to DPE for the final decision.
5. Once the local environmental plan is published on the NSW legislation website, it becomes law.
What is an item of environmental heritage (heritage item)?
It is defined within Council’s local environmental plan (LEP) as a building, work, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 5 of Marrickville Local Environmental Plan 2011.
How does a heritage listing differ to a conservation area?
Heritage listing of a property is site specific and relates to protecting identified elements of buildings/structures from development which would have a negative impact upon their historical, aesthetic and social heritage significance, taking into consideration the rarity of the building/structure.
Why are these two houses proposed for heritage listing?
The heritage significance of 73 The Boulevarde, Dulwich Hill was investigated in response to the imminent threat associated with a development application (DA) to demolish a house and construct a four storey residential flat building.
Council undertook a preliminary heritage assessment, which concluded it was likely, on further inquiry or investigation, to be found to be of local heritage significance. An Interim Heritage Order (IHO) was Gazetted on 23 March 2018 to protect the property, while the heritage assessment was being undertaken.
Council engaged a heritage consultant (Robertson & Hindmarsh) to provide an expert heritage assessment. The heritage assessment report established that the house at 73 The Boulevarde, as well as the adjoining property at 73A The Boulevarde, Dulwich Hill, met the NSW Office of Environment and Heritage’s criteria for local heritage significance and recommended both properties being heritage listed.
On the 28 August 2018 the proposed Planning Proposal was considered by the Inner West Local Planning Panel (Panel) to advice Council, who recommended that Council support the listing of the properties. Council at its meeting on 28 August 2018 resolved to proceed with the planning proposal.
What assessments were completed to inform the proposed extension of the conservation area?
Robertson & Hindmarsh Pty Ltd was engaged by Inner West Council on 30 May 2018 to undertake the independent heritage assessment of the property at 73 The Boulevarde, Dulwich Hill. Subsequently, a report was prepared which recommended the following:
No 73 The Boulevarde, Dulwich Hill be listed as an item of environmental heritage on the Marrickville LEP (including the interiors of the intact rooms, including the inglenook) and all the features to be protected by being listed on Schedule 5 of the LEP.
No 73A The Boulevarde, Dulwich Hill be listed as an item of environmental heritage on the Marrickville LEP (limited to the front garden, path & fence, the exterior of the front section of the house – ie in front of the first floor addition – and the interior of the front section of the house (including the interiors of the intact rooms, including the ceilings and fireplaces) and all the features to be protected by being listed on Schedule 5 of the LEP.