With the new planning amendments the State Government is proposing under its Transport Oriented Development (TOD) program, it could be that one of the only defences against the legislation will be if a building or an area is heritage listed. Whilst this makes sense in terms of preserving heritage, you could end up with the berserk scenario that there’s a six- to eight-storey apartment block right next to a heritage building. If the heritage building is on the south side of the new apartment block, you can well imagine the effect on its solar access. This is an example of where a broad brushstroke approach to urban design can go really wrong.
The NSW state government is under pressure to deliver 300,000 new homes by 2029 and there’s no doubt we will need them and it makes sense that this density is situated on transport hubs. History has shown that it’s likely the government will under-deliver on its target. The time to address the housing crisis was the last two decades not in the next 5 years. Alas, we Homo sapiens seem to need a crisis before we can act. Just look at our baby step attempts so far to address the climate crisis.
So, this whole scenario has led me to do some research into how a building becomes a heritage item. My initial thought bubble is somewhat Gary Larsson Far Side-esque in that there’s a committee of old bearded blokes smoking pipes in a stone chamber out of Hogwarts, that pour over the merits of a buildings proportions, fenestration and details like gablets or dentil courses.
Whilst that may have been the case in “ye olde worlde” days, of course it’s not like that now. There is a heritage committee to assess state listed items, and maybe their meeting room is a stone chamber but likely they don’t smoke pipes. They meet roughly once a month to assess heritage nominations including built and otherwise. They use something called the Burra Charter to assess whether something should make it onto the register or not. The charter is a document first published in 1979 by the International Council on Monuments and Sites (ICOMOS). It’s like the bible for how to assess, preserve and protect all things of cultural/heritage significance.
Anyone can apply for a place, structure, building or thing to be added to the heritage register but it’s not an easy process. Generally it requires professional expertise like a heritage consultant. You know how you see legal teams turn up to high profile court cases with trolleys full of documents? I’m thinking that level of research. Okay, so maybe that’s an exaggeration, but you know what they say – wear them down with paperwork!
The application form for a state listed nomination is 20 pages long. For a building it helps to have original plans, evidence of who the original designer was, archived and current photos, news clippings etc. etc. Given that the Heritage Council assess against the Burra charter, a good knowledge of that would help.
Get this – you don’t actually need the owner’s permission! But, it helps. As you can imagine, they have a vested interest in whether their building becomes a heritage item. As soon as a building becomes a heritage item, it severely restricts what the owner can do to it or in the current situation what a developer might be able to build on top of it!
In general, the whole process looks something like this:
1. Research and Preparation
2. Submit application and supporting information
3. Engage stakeholders such as owners, tenants, community organisations and heritage experts
4. Public notification and consultation (democracy at its best!)
5. Assessment & Decision (This is a bunch of back and forth between the Committee, stakeholders and sometimes the Minister for Environment and Heritage)
6. Appeals (if you get a rejection and won’t take no for an answer).
Certainly sounds like a court case doesn’t it! There are also interim heritage orders for those last minute save a building from the wrecking ball scenario. If you want to get an idea of what’s being applied for heritage listing, check out the interim heritage list here.
Beyond the state register, there is also the local heritage register. This is generally for less significant heritage items. Some local Thirroul examples include Anita’s Theatre and the Bathing pavilion complex. The process is the same but instead of the heritage committee, it’s the local Council that does the assessment and there’s no ministerial involvement. Wollongong Council has information on their website.
So if you know of a special building or place that deserves a force field from development, you have a passion for research and a truckload of time, then check out the following website. Best of luck!
If you or someone you know has gone through the heritage listing process, I would love to hear from you. Please email me care of the editor, hello@theillawarraflame.com.au.
