The idea that the reforms will introduce a reduction in heritage protections is simply not correct.
The planning reforms will allow proposals for dwellings like dual occupancies, small residential flat buildings (manor houses) and terraces. These types of housing were once part of Sydney’s past and should be considered by councils to be part of the future.
This is because restrictions in the majority of council areas in Greater Sydney have simply stopped considering Development Applications for these housing types in recent years.
The claim that councils will not be able to assess these developments is not true. Development Applications for any type of housing will continue to be lodged with council and assessed by council.
Councils retain their existing assessment powers which allow them to assess applications in heritage conservation areas and refuse them should they do harm to heritage.
The controls that prevent the demolition of buildings that contribute to heritage within a Heritage Conservation Area (HCA) will *not* be overridden by the planning changes.
But where a development application seeks to remove something that is not adding to the heritage value of an area, the decision to remove it and to replace it with a well-designed new building or home is something that remains within the council’s ability to assess and approve, modify, or reject. Any new build will need to improve and enhance the heritage value of an area.
The Opposition knows this because they asked a question about it recently in the Budget Estimates process. The Shadow Minister for Planning, Scott Farlow MLC asked the Deputy Secretary of the Department of Planning, Housing and Infrastructure about heritage protections.
The following extract is from the Hansard:
The Hon. SCOTT FARLOW: For instance-and I think this was the case in Croydon and the Malvern area-there are controls at the moment regarding the demolition of contributory buildings within that HCA. They would be overridden by that SEPP, would they?
MONICA GIBSON: No.
In addition, the reforms do not apply to individual heritage items.
Minister for Planning and Public Spaces Paul Scully said:
“Councils retain all the rights they presently have, to approve, modify or reject a development.
“In a housing crisis, we must look at every opportunity for new homes for people who need them, especially young people, essential workers and families.
“The planning reforms just ask councils to consider a development application in the first place, not rule it out as a matter of course.
“Heritage and new housing can coexist. However, new heritage listings must not be used to avoid delivering new homes.
“A recent NSW Productivity Commission report found that between 2016 and 2021, Sydney lost twice as many people aged 30 to 40 as it gained. 35,000 came to Sydney, but 70,000 left.
“Rental affordability has also deteriorated to the worst level since in-depth records began, with only a quarter of NSW rental properties in December considered affordable.
