Heritage exemption certificates

• Read about the background and purpose (Section 1 and Section 2) to understand how the certificate applies.
• Check the step-by-step instructions (Section 3) to guide the process of works from start to finish.
• Review the general conditions (Section 4) as these apply to all works conducted under the certificate.
• Go to the relevant table of works (Section 5, Tables 1-12) to understand what kind of work can be done and what conditions apply.
• Read conservation guidance and additional guidelines listed below the tables (Section 5, Tables 1-12) for additional practical tips and advice to guide the works.

If you are unsure if your proposed works qualify for a General Exemption Certificate, call Council on 07 3403 8888 and ask to speak to a Planning Information Officer. 

The purpose of a HEC is to facilitate simple, low impact development projects. Works suitable for a HEC should satisfy the following principles:

• proposed works involve no more than minor detrimental impact on the cultural heritage significance of the place
• conserve the heritage values of the place.

The following list provides a guide to the type of works that may qualify for HEC approval.  

• Building works: simple, small scale, new building work that involves only minor or no change to significant features, original fabric or heritage values or alters only recent interiors or interiors that have previously been modified and are not significant as reconstructions.
• Landscape and garden works: small scale, low impact works to exterior spaces, gardens and settings. 
• Conservation and restoration works: work that conserves and restores heritage values and significant buildings, gardens or other elements, including the removal of features that are intrusive or diminish heritage values of the place. 
• Repairs, maintenance and servicing works: repairing, upgrading or installing new services, small scale repairs to existing original materials and minor maintenance works on equipment.

If you are unsure if your proposal qualifies for a HEC, call Council on 07 3403 8888 and ask to speak with a Planning Information Officer. You can also request a prelodgement meeting to discuss your proposal with Council’s senior heritage advisor. Fees apply to prelodgement meetings and are in addition to HEC application fees.

Works not suitable for a HEC are those that:

• have more than a minor impact on cultural heritage significance  
• are complex and extensive and result in more than minor detrimental impact on the cultural heritage significance of the place
• do not conserve the heritage values of the place.

The following list provides examples of works that may not be eligible for a HEC.

• Complex, large scale works involving change to significant features, original fabric, or heritage values.
• Extensive demolition of non-significant fabric, large scale structures or elements of a place.
• Demolition that has an impact on original fabric where the work does not conserve, restore or remediate significant fabric.
• Changes to significant features that alter their appearance.
• Changes to the appearance of a significant building, elements or landscapes and gardens where context, setting, visual composition and views are important to the place’s cultural heritage significance.
• Large scale alterations to fabric and layout of significant or original interiors.
• Changing the existing use of the place which requires extensive physical change to fabric, form, layout and features to accommodate that use, for example converting a house into flats.
• Demolition to facilitate a future, separate development application under City Plan
• Installation of services involving extensive permanent disruption of original fabric or extensive disturbance of landscape and vegetation.
• Large scale earthworks and landscape changes.
• Extensive construction and major extensions and renovation works or new large-scale buildings or structure/s.
• Reconfiguration of a lot containing a heritage place.

The above list is a guide only. If you require more information or assistance, call Council on 07 3403 8888 and ask to speak with a Planning Information Officer.

• The owner of the Local heritage place.
• The owner’s agent or other person with interests in the place who has the owner’s written consent.

• Check if the place is a Local heritage place. Refer to the heritage overlay mapping in City Plan online. If mapping indicates the place is also a state heritage place, an application must be made to the Department of Environment and Science.   
• Understand the cultural heritage significance of the Local heritage place. Search Council’s Local Heritage Places online and download the heritage citation for the place. The heritage citation contains information on the history, cultural heritage significance and description of the Local heritage place.
• Research and understand the cultural heritage significance of the Local heritage place to identify heritage issues and factors that may affect future proposals and use this understanding to inform the approach towards design and planning works.

• Undertake a cautious and considered design and planning approach. Where possible avoid changes that reduce heritage values. Explore a range of options and approaches for the proposed works and choose solutions that minimise and mitigate the loss of heritage values. In accordance with requirements of the Heritage Act, works suitable for a HEC should seek to satisfy the following principles:
  • proposed works involve no more than a minor detrimental impact on the cultural heritage significance of the place
  • heritage values of the place are conserved.
• Seek advice from suitably qualified heritage professionals, if appropriate.
• Prepare information that describes the proposal in detail and clearly demonstrates the impact of the proposal on the cultural heritage significance of the local heritage place.
• If documentation has insufficient detail to enable assessment, Council may request further information after the application has been submitted and assessment timeframes will be increased.

• A statement or report describing the proposed works and demonstrating how the works will have no more than a minimal detrimental impact on the cultural heritage significance of the place.
• Scaled and dimensioned existing site plan of the place showing the heritage curtilage, all features of the place, including important views and vistas to and from the significant elements.
• Scaled floor plans, sections, elevations as existing and where impacted by the proposal.
• Scaled and dimensioned drawings of the proposed development including site plan, plans sections, elevations, sections and details as appropriate.
• Construction details and working drawings, as appropriate, to explain the proposal’s impact.
• Recent photographs of the place showing all areas that will be affected by the development.
• If the proposal includes partial demolition, provide demolition plans, sections and elevations, (as required), to explain the extent and impact of the demolition on the place, its’ original fabric and significant features and alterations arising from the demolition, for example ‘making good’ damage to original fabric, addressing redundant openings, etc.
• Where relevant to the proposal, provide roof plans, details of internal fit out, for example, reflected ceiling plans and/or internal elevations.
• A specification of the works where relevant to the proposal.

• Consultant’s reports, such as a structural engineer report or an arborist’s report. Structural engineer’s reports should be prepared by a registered professional engineer. Arborist’s reports should be prepared by a person with Australian Qualification Framework Level 5 in Arboriculture.
• Construction management plan to show how significant elements of a place (buildings, significant vegetation) will be protected from incidental damage while works are being undertaken.
• Other technical reports such as an archaeological management plan or paint scrape analysis.
• If appropriate, a heritage impact statement prepared by a suitably qualified heritage consultant describing the proposed works and demonstrating how the works will have no more than a minimal detrimental impact on the heritage values of the place. Refer to City Plan, heritage planning scheme policy, for guidance on preparing a heritage impact statement.

Complete the Heritage Exemption Certificate online form and submit supporting information and documentation. 

Fees for a HEC is listed in Council’s Schedule of Fees and Charges. If you are a charitable and religious organisation listed in Qualifying Type 1 Religious or Charitable Organisations (formerly Appendix A) of Council’s Schedule of Fees and Charges, you may be eligible for a fee reduction.

Timeframes

The Heritage Act provides for the following timeframes.

1. The assessment process commences once a HEC application has been accepted and application fees received and receipted.
2. Council has 10 business days to decide if further information is required and to request it from the applicant.
3. If further information is notrequested, Council has 20 business days to assess and decide the application.
4. If further information is requested, Council has 20 business days to assess and decide the application from the date the requested information is received by Council.
5. If further information is requested, the applicant has 60 business days to give the required information to Council, otherwise the application is taken to have been withdrawn.

Assessment process

The assessment process for a HEC is outlined below.

1. On lodgement the application is checked to ensure correct and sufficient documentation has been provided. Following these checks a fee quote is issued for payment.
2. Once payment is received the application is entered into Council’s record keeping systems and made available to Council’s Design Review team, who are the assessment managers for HEC applications.
3. Under the Heritage Act, Council may request further information from the applicant if this information is reasonably necessary to enable for the assessment of the application. If further information is required, a notice requesting the required information will be sent to the applicant.
4. Where all required information is provided, the application is assessed, including a review of the works proposed and assessment of the impacts on cultural heritage significance of the proposed works.
5. Decision is made.
6. Decision is communicated in writing to the applicant:

• an approval will include conditions and timeframes for each condition, a date by which the approved works must be completed, and a copy of the approved plans
• a refusal will include the reasons an application was refused.