Heritage Item Planning Proposal 2025

Update to Schedule 5 – Environmental Heritage

At the Ordinary Council meeting on 15 October 2025, Council resolved to proceed to prepare and lodge a Planning Proposal to update Schedule 5 of the Bathurst Regional Local Environmental Plan 2014 to:

i. Update the legal description of existing heritage items (e.g. Addresses and Lot and DP numbers affected by subdivisions).

ii. Update the names of existing items.

iii. Update the mapping of 8 existing local items.

iv. Remove 2 existing items that have been destroyed.

v. Add 26 built heritage items, and

vi. Add 3 movable heritage items.

The Planning Proposal has now been lodged with the Department of Planning, Housing and Infrastructure awaiting a Gateway Determination.

If you would like to find out more about the Planning Proposal, please navigate to the Document Library.

Why is Council proposing this update?

The adopted Bathurst Region Community Heritage Plan (2025-2029) includes actions in relation to the region’s heritage:

Action 2.1.2 - Continue to research and record information in relation to the Bathurst Region Heritage assets and update the State Heritage Inventory database.

Action 2.1.3 - Undertake regular review of the Local Environmental Plan in relation to listed heritage items and heritage conservation areas and heritage provisions to manage, protect and enhance our heritage buildings, streetscapes, vistas, natural environments and objects.

To support these actions Council staff have:

undertaken a review of the existing heritage items under schedule 5 of the Bathurst Regional Local Environmental Plan (LEP) to ensure that the current listing (legal description and mapping) is up to date; and
developed a database of additional sites that should be considered for listing under schedule 5 of the LEP that have been identified as being of heritage significance through site visits with Council’s Heritage Advisor, use of Bathurst Conservation Area Management System (BCAMS) mapping and information provided from landowners or members of the public.

What does it mean for a property to be listed as a heritage item?

Formally listing a site of local significance enables the site to be included in Schedule 5 of the Bathurst Regional Local Environmental Plan 2014 and therefore be managed as a heritage item under that legislation.

Moreover it allows for greater protection and conservation of the site into the future.

What are some of the benefits of a heritage item listing?

Development

Clause 5.10 – Heritage Conservation applies to heritage items and sites within the Heritage Conservation Area. The application of this clause enables minor works to occur without development consent provided that Council is notified, such as roof replacements or external painting. The clause can also enable the adaptive reuse of a heritage item for a purpose that would otherwise not be permissible in the site’s zone.

Grant support

Council’s Local Heritage Grant program currently provides up to $5,000 on a dollar for dollar basis toward conservation projects that relate to heritage items. This program incentivises property owners to seek to conserve their heritage properties with financial support from Council.

Grant support can also be provided toward interpretation initiatives that seek to reveal historical information about sites to the public. These projects could be signs, artworks, books, brochures, cataloguing and the like aimed at sharing and promoting the history of the item.

Expert advice

Council operates a Heritage Advisory program by engaging with an external Heritage Advisor with qualifications in heritage conservation and architecture. Free advice can be provided on:

methods of conservation, such as best remediation of deteriorating material
period correct colour schemes
appropriateness of minor works, such as roof replacements
design advice for additions and new buildings on the site
interpretation guidance and support

The program currently runs on a once-monthly basis, on the Friday of the first full week of each month. Appointments are required and can be made by calling Senior Heritage Planner Tamsin McIntosh on 6333 6272.

Recognition

Listings enable the protection and appropriate management of significant places into the future. They highlight to the community the heritage values of a place and can promote heritage tourism.

Stages of a Planning Proposal

The table below outlines the 6 key stages of a Planning Proposal that have or will be undertaken as the Planning Proposals progress. Further information about the process to amend a Local Environmental Plan are available at the Department of Planning’s Local Plan Making Guidelines:

https://www.planning.nsw.gov.au/sites/default/files/2023-03/lep-making-guideline.pdf

Council's Community Participation Plan guides how Council will exhibit the Planning Proposals:

https://www.bathurst.nsw.gov.au/files/assets/public/v/2/council/plans-policies/bathurst-regional-community-participation-plan-am-3.pdf

These documents are available in the document library.

Stage	Purpose/Intent	Actions	Is it a legislated requirement?	Status
1. Pre-lodgement	To determine what needs to be included in the Planning Proposal.	As a Council-led Planning Proposal, a pre-lodgement meeting was not necessary.	No.	N/A.
2. Planning Proposal Assessment	Prepare the Planning Proposal and assess against local Strategic Plans and policies.	Council’s Senior Heritage Planner researched properties and reviewed existing heritage items. Council’s Heritage Advisor reviewed the proposal. Report presented to 15 October 2025 Council meeting and resolved to forward the Planning Proposal to DPHI for Gateway Determination.	Yes. Council must demonstrate consistency with its Strategic Plans and policies.	Completed.
3. Gateway Determination	DPHI assesses the strategic merit of the Planning Proposal and issues a Gateway Determination. The Gateway Determination specifies if the Planning Proposal may proceed and what level of consultation is required.	The Planning Proposal has been forwarded to DPHI. Council is awaiting a Gateway Determination.	Yes. The Planning Proposal cannot proceed unless DPHI has issued a Gateway Determination.	Currently underway.
4. Post-Gateway	Council reviews the Gateway Determination and takes any actions required by conditions prior to the public exhibition.	Council must ensure relevant conditions of the Gateway Determination are met.	Yes. The Planning Proposal cannot be publicly exhibited until all relevant conditions of the Gateway Determination have been satisfactorily met.	Not yet completed.
5. Public Exhibition and assessment	To consult with the community, key authority and government agencies. All relevant conditions of the Gateway Determination must be met for public exhibition	The Planning Proposal is exhibited and notified in accordance with the procedures outlined in Council's Community Participation Plan (CPP). All affected landowners are notified. Depending upon the submissions received Council may hold a Submission Hearing (see Council's CPP). Council must consider all submissions received.	Yes. Council must exhibit the Planning Proposal for a minimum of 28 days or for the minimum period specified in the Gateway Determination.	Not yet commenced.
6. Finalisation	Final assessment of the Planning Proposal considering all submission received to determine if Council supports finalisation of the Planning Proposal.	A report is presented for formal consideration at a Council meeting. If Council supports finalisation of the Planning Proposal, the draft LEP amendment is prepared, reviewed (legal review) and the LEP amendments are made and notified (in Government Gazette).	Yes. The Minister for Planning (or delegate) makes all amendments to a LEP.	Not yet commenced.