Frequently asked questions

Items and places of heritage significance are identified through comprehensive studies of an area’s environmental heritage. The studies and recommendations are guided by:

• The Burra Charter: The Australia ICOMOS Charter for Places of Cultural Significance, 2013 (Burra Charter) and
• The Australian Natural Heritage Charter, 2002 (Australian Natural Heritage Charter)
• Assessing Heritage Significance (Heritage Office, 2001)
• NSW Heritage Manual (Heritage Office, 1996)

The preparation of a heritage study involves:

• Review of background resources
• Identification of potential heritage items and conservation areas
• Community consultation
• Fieldwork and site surveys
• Detailed assessment of heritage significance provided on a heritage inventory sheet
• Recommendations for inclusion or exclusion as a heritage item or conservation area with the Local Environmental Plan.

Council’s first comprehensive heritage study, the Hornsby Shire Heritage Study, was compiled by Perumal Murphy Wu in 1993. This was followed by completion of the Hornsby Shire Aboriginal Heritage Study in 1996. The 1993 Heritage Study established Council’s first list of heritage items and Heritage Conservation Areas.

Since the early 1990s, five staged studies and reviews of Hornsby Shire’s heritage items and heritage conservation areas were undertaken to re-examine the heritage significance, integrity and condition of existing heritage items or conservation areas and assess new potential items of heritage items and conservations nominated for heritage listing.

In 2020 Council embarked on a new Comprehensive Heritage Study to respond to the changing development context, demography and community expectations regarding the identification, policy and protection of Hornsby Shire’s Heritage.

For further information on heritage principles and guidelines for NSW, refer to Heritage NSW.

Heritage is assessed through utilising the NSW heritage assessment criteria as detailed and developed by Heritage NSW to provide the basis for an assessment of heritage significance of an item or place. This is achieved by evaluating a place or item’s significance in reference to seven criteria, which can be applied at a state or local level.

In order to meet the threshold for local heritage listing on the Hornsby Local Environmental Plan, an item or place must meet at least one of the following seven criteria, in the opinion of a qualified heritage consultant. If a place meets the threshold for listing under more than one criterion, the place is significant for a variety of reasons.

Heritage Act (NSW) 1977

The Heritage Act 1977 provides protection for items of State heritage significance that are listed on the State Heritage Register, as well as for unlisted archaeological relics.

The key parts of the Act relevant to managing a state heritage item are:

• Places and items on the SHR cannot be demolished, altered, moved or damaged, or their significance altered without approval from the Heritage Council of NSW under Section 63 of the Act.
• Minor works that will have a minimal impact on the heritage significance of items may be granted as an Exemption under Section 57 (2) of the Heritage Act if the site is on the SHR. ▪ If a project is declared SSD, SSI or CSSI under the EP&A Act, most approvals under the Heritage Act, however in general heritage matters must still be assessed. Assessment requirements will be defined under the Secretary’s Environmental Assessment Requirements. This may include the preparation of a Statement of Heritage Impact.

Environmental Planning and Assessment Act 1979

The EPA Act, administered by the NSW Department of Planning and Environrment, provides protection of local heritage items and conservation areas through listing on the Hornsby Local Environmental Plan (HLEP) which guides Council in making planning decisions.

Hornsby Local Environmental Plan 2013

The Hornsby Local Environmental Plan 2013 - NSW Legislation provides the local development and planning framework to protect the items of local heritage significance within Hornsby Shire and contains the list of all the environmental heritage items, archaeological sites and conservation areas under Schedule 5.

The HLEP in a legal document used by Council to guide development and regulate land use within Hornsby Shire and includes a purpose to protect and enhance the heritage of Hornsby, being places of historic, aesthetic, architectural, natural, cultural and Aboriginal significance. (Clause 1.2(i))

The key parts of the plan relevant to managing items and conservation areas of local heritage significance are:

• Schedule 5 – Environmental Heritage of the HLEP lists heritage items, including archaeological sites, and Heritage Conservation Areas in the Shire. They are also identified on the HLEP maps.
• Clause 5.10 of the HLEP applies to places included in Schedule 5 of the HLEP. The objectives of the clause include conserving heritage items and Clause 5.10(2) prescribes that development consent is required for:
  • (a)  demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance)
    • (i)  a heritage item,
    • (ii)  an Aboriginal object,
    • (iii)  a building, work, relic or tree within a heritage conservation area,
• Clauses 5.10(5) and 5.10(6) identify when a heritage impact statement, heritage conservation management plan or other heritage management document is required to be considered prior to granting development consent.
• If works are minor and will have no adverse heritage impact, Council will provide heritage exemption advice in writing if development consent is not required under Clause 5.10(3) of a LEP.

Hornsby Development Control Plan 2013

The Hornsby Development Control Plan provides a set of controls for detailed planning and design guidelines to support the Hornsby Local Environmental Plan 2013. Hornsby Council is required to take into consideration the relevant provisions of the HDCP in determining an application for development affecting a locally listed heritage item.

Part 9 – Heritage provides development controls in relation to heritage.

National Parks and Wildlife Act 1974 (NSW)

The National Parks and Wildlife Act 1974 (NPW Act) provides protection for Aboriginal heritage and  is supported by the National Parks and Wildlife Regulation 2019.

The Act gives statutory protection to:

• Aboriginal objects, which means any deposit, object or material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of the area that comprises New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.
• Aboriginal places, which means any place declared to be an Aboriginal place under section 84, recognising its current or past special significance to Aboriginal culture.

Aboriginal Places are listed on the State Heritage Inventory, and at present there are two located within Hornsby Shire. There is no comprehensive register of Aboriginal objects, although many have been registered as archaeological sites within the Aboriginal Heritage Information Management System | NSW Environment and Heritage (AHIMS) administered by Heritage NSW, within the Department of Planning and Environment.

Heritage NSW has made available a number of guidelines to assist with Aboriginal heritage management in a development context, including:

• Due diligence code of practice for the protection of Aboriginal objects in New South Wales114
• Guide to investigating, assessing and reporting on Aboriginal cultural heritage in NSW115
• Code of Practice for Archaeological Investigation of Aboriginal Objects in NSW116
• Aboriginal cultural heritage consultation requirements for proponents 2010

Under the NPW Act it is an offence to harm or desecrate Aboriginal objects and Aboriginal places, either knowingly or unknowingly. Under certain circumstances an Aboriginal Heritage Impact Permit (AHIP) may be obtained and there are also exemptions for certain specified activities.

A thematic history provides a broad historical context for understanding the patterns and forces that shaped an area over time. It identifies locally distinctive themes to structure the history. A theme can unite a variety of actions, events, functions, people and dates, it helps to prevent any concentration on a particular type of item, period or event of history.

The thematic history is not intended to be a detailed account of all aspects of the history of an area, nor to replace histories designed to serve other purposes.

The development of the thematic history will align with the 36 New South Wales Historical Themes as defined by Heritage NSW. However as noted by Heritage NSW ‘Not all themes are relevant throughout the state…[and] local themes will not necessarily fit neatly into the state thematic framework.’

To learn more about the local historical themes which shaped Horsnsby Shire, refer to the Hornsby Thematic History.

Learn more about the Aboriginal heritage of Hornsby Shire.

What is landscape heritage?

Learn more about the landscape heritage of Hornsby Shire.

What is an archaeological site?

Learn more about the historical archaeology of Hornsby Shire.

What is a heritage item?

Learn more about heritage items and what it means to be heritage listed.

What is a heritage conservation area?

Learn more about heritage conservation areas.

A heritage listing applies to the entire property allotment or allotments (Lot and DP) listed under Schedule 5 of the Hornsby Local Environmental Plan 2013 – NSW Legislation.

All local Councils are required to protect and enhance the heritage of their local area, including places of historic, aesthetic, architectural, natural, cultural and Aboriginal significance.

Hornsby Shire Council’s heritage items have been identified and listed under the recommendation and endorsement specialised heritage studies.

The heritage significance of a heritage item is assessed identified and described within the supporting heritage inventory sheet.

A Heritage Inventory Sheet generally provides a:

• Statement of Significance, a short succinct summary of the primary heritage values of the item and what is required to be protected
• Historical Background, any known historical notes about the place
• Physical description, a description of the item, its setting and surrounding contributory features, such as architectural features or landscape elements
• Assessment of significance, a statement of the identified heritage values of the item in accordance with the NSW Heritage Assessment Criteria
• Photograph, a current and or historic image of the item

To learn more about your house and the people who have lived in it before you, Hornsby Library’s Local Studies team can help.

Research the history of your house.

Yes, Council undertakes regular reviews of the heritage listings, conservation areas and heritage-related development controls to reassess the statutory protection and identified heritage values. Council is currently undertaking a Comprehensive heritage study which includes the review of multiple existing heritage listed items and some potential new listings.

A heritage listing may be removed if the item has been assessed to no longer retain its identified heritage significance. Removal of a heritage listing requires the endorsement of Council, the Heritage Council of NSW and approval by the Minister for NSW Department of Planning and Environment.

To request heritage listing of an item to be reviewed, a submission with a statement justifying why the item no longer meets the identified heritage significance and any supporting photographs and documentation should be emailed to hsc@hornsby.nsw.gov.au.

Any submission received for an item to be reviewed or removed would be considered by Council to be included within in the next heritage item review.

A heritage item review is a lengthy process and can take up to 4 years from initiation to completion. This includes a formal heritage assessment conducted by an independent heritage consultant, endorsement of a recommendation by Council, public exhibition and a formal application to the Minister for NSW Department of Planning and Environment via a Gateway Planning Proposal processto formally change the statutory planning document.

To find out more about a planning proposal process, refer to Planning Proposals.

Refer to the following websites for various State and Commonwealth funding available for heritage properties:

• Heritage grants | NSW Environment and Heritage
• Community War Memorials Fund · Office for Veterans Affair
• Community Heritage Grants | NSW Government

The purpose of an interim heritage order is to provide a "breathing space" of no more than 12 months during which a full heritage assessment can be completed. Temporary in nature, the majority of interim heritage orders are made in response to community representations or concerns raised by local government.

To view places in NSW that are currently subject to an interim heritage order, refer to the Heritage NSW website.

A Statement of Heritage Impact (SOHI) is an assessment report that assists owners, custodians and managers of heritage items and properties located within a heritage conservation area to understand how proposed works to a heritage item, property within a heritage conservation area or in its vicinity may impact the item’s or conservation areas heritage significance. Development applications for heritage items, demolition in a Heritage Conservation Area, new buildings in a Heritage Conservation Areas or subdivision of land in heritage conservation areas normally require preparation of a Statement of Heritage Impact.

Refer to the Heritage NSW Guidelines for preparing a statement of heritage impact (SOHI) to understand what a SOHI is, the steps and questions that should be considered while preparing one and a suggested structure for a SOHI in a template.