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:
a) Update the legal descriptions of 71 existing items (e.g. Addresses, Lot and DP numbers, correcting the spelling of item names etc.)
b) Update the mapping of 14 existing local items, including the removal of 2 items that have been destroyed
c) Add 28 new items of heritage significance
The Planning Proposal was lodged with the Department of Planning, Housing and Infrastructure and Gateway Determination was received on 23 January 2026. The Gateway Determination and report can be found in the Documents Library.
A condition of the Gateway Determination was to, prior to public exhibition, amend the Planning Proposal in accordance with Appendix 1 of the Gateway Determination Report to ensure accuracy of the proposed changes to the heritage items and include further justification where required.
Council amended the Planning Proposal and submitted the changes to the Department of Planning, Housing and Infrastructure in July 2026. Council is currently awaiting confirmation from the Minister under s3.34(6) of the Environmental Planning And Assessment Act 1979 that the updated Planning Proposal has been reviewed and approved for public exhibition.
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 for certain eligible projects.
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 in a public manner.
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. | Completed. Received Gateway Determination on 23 January 2026.
|
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. | Underway.
Council has submitted the amended Planning Proposal to DPHI for review and is awaiting approval prior to public exhibition. |
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. |
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:
a) Update the legal descriptions of 71 existing items (e.g. Addresses, Lot and DP numbers, correcting the spelling of item names etc.)
b) Update the mapping of 14 existing local items, including the removal of 2 items that have been destroyed
c) Add 28 new items of heritage significance
The Planning Proposal was lodged with the Department of Planning, Housing and Infrastructure and Gateway Determination was received on 23 January 2026. The Gateway Determination and report can be found in the Documents Library.
A condition of the Gateway Determination was to, prior to public exhibition, amend the Planning Proposal in accordance with Appendix 1 of the Gateway Determination Report to ensure accuracy of the proposed changes to the heritage items and include further justification where required.
Council amended the Planning Proposal and submitted the changes to the Department of Planning, Housing and Infrastructure in July 2026. Council is currently awaiting confirmation from the Minister under s3.34(6) of the Environmental Planning And Assessment Act 1979 that the updated Planning Proposal has been reviewed and approved for public exhibition.
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 for certain eligible projects.
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 in a public manner.
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. | Completed. Received Gateway Determination on 23 January 2026.
|
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. | Underway.
Council has submitted the amended Planning Proposal to DPHI for review and is awaiting approval prior to public exhibition. |
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. |