Heritage and Conservation in Marrickville

Heritage in Marrickville

The heritage of the Marrickville Council area, encompassing both Aboriginal and non-Aboriginal elements, is chiefly managed through the Marrickville Local Environmental Plan 2001 (MLEP 2001). Part 6 of the MLEP 2001 contains the planning controls for heritage places and Schedule 5 lists all the statutory heritage items and heritage conservation areas in the Marrickville Council area.

Heritage Items

There are more than 200 heritage items in the Marrickville Council area comprising residential buildings, commercial buildings, industrial buildings, works, trees and other places of local and State heritage significance. Heritage Items are listed in Schedule 5 of the MLEP 2001 and are shown coloured yellow on the map able to be viewed here.

Heritage Conservation Areas

The Marrickville Council area includes two statutory heritage conservation areas (HCAs) put into place by Amendment No. 25 to the MLEP 2001. They are the Abergeldie Estate HCA in Dulwich Hill and King Street/Enmore Road HCA in Newtown/Enmore. These areas, shown coloured green and marked “HCA1” and “HCA2”, respectively, on the heritage map to the MLEP 2001, are controlled by clause 48 of the MLEP 2001. This clause lists the types of development that require Council consent, the matters that are to be assessed by Council in development applications on properties within HCAs, and the supporting heritage information that must be submitted with development applications.

Additional controls and guidelines for each HCA are found in the Abergeldie Estate Conservation Area Development Control Plan (DCP) No. 17 and the King Street and Enmore Road Heritage and Urban Design DCP No. 34. Please refer to these documents for more information about each HCA and the specific planning controls that apply. In addition, the information sheets provide a brief description, history, statement of significance and a map showing the extent of each area. The HCA information sheets are available for downloading (see links at right).

Draft Conservation Areas

In addition to the Abergeldie Estate and King Street/Enmore Road HCAs there are 23 additional draft conservation areas referred to in the MLEP 2001 as the “Marrickville Local Environmental Plan (MLEP) No. 111 (Amendment No. 1) areas”. Whilst these areas are not heritage conservation areas as defined within the MLEP 2001, they have statutory weight under clause 55 of the MLEP 2001 which states that Council “is to have regard to the effect of carrying out the proposed development on the heritage significance of buildings situated on land within the area” and specifies what Council must assess in applications applying to properties in these areas. Therefore, the location of a subject property within a draft conservation area (MLEP No. 111 (Amendment No. 1) area) is considered in the assessment of development applications.

Further information about each of the draft conservation areas can be found by downloading the documents listed at right. These information sheets provide a description, history, statement of significance and a map showing the extent of each area.

Heritage Maps

The location of Marrickville Council’s heritage items, heritage conservation areas and draft conservation areas can be viewed by selecting the Heritage items, heritage conservation areas, and areas on the map marked “Marrickville Local Environmental Plan No. 111 (Amendment No. 1)” option within the zoning maps section of this web site. 

period houses outside heritage conservation areas and draft conservation areas
Marrickville Council has a rich architectural heritage of period housing throughout the local government area. Many fine period houses lie outside the heritage conservation areas and draft conservation areas. Property owners and applicants should be aware that Council considers heritage issues, where relevant, in all development applications and any heritage issues should be addressed in the Statement of Environmental Effects (which is required with all development applications).

Council recommends that property owners and applicants seek preliminary heritage advice when considering development to intact period houses and buildings. More information and preliminary advice can be sought from Council’s Duty Planner on (02) 9335 2222. 

Archaeology in Marrickville

All known and potential archaeological relics and sites in New South Wales 50 years or older are protected under the NSW Heritage Act 1977. This means that it is the responsibility of the property owner to seek an excavation permit from the NSW Heritage Office when disturbing or excavating land where archaeological relics have been identified or are likely to occur.

Application forms and more information can be obtained from the NSW Heritage Office web site or by contacting the NSW Heritage Office directly on (02) 9873 8500. An excavation permit is required before work can begin, and council can request evidence that a permit has been sought as part of a Development Consent on such land.

The Marrickville local government area has a number of archaeological sites, usually relating to former estates and villas which have been demolished to make way for later subdivisions and residential developments. However, Marrickville Council’s knowledge of local archaeological relics and sites is not comprehensive and so there is potential for further relics to be discovered.

Property owners and applicants need to be aware that it is their responsibility to fulfil any obligations for the management of archaeological relics and sites under the NSW Heritage Act (including obtaining excavations permits, where required, and notifying the NSW Heritage Office if relics are found). It is recommended that you seek advice on any development proposals on these sites and any locations which might contain archaeological relics.

More information and preliminary advice can be sought from Council’s Duty Planner on (02) 9335 2222. 

Finding out about heritage affecting a particular property

There are several ways to find out whether there are any heritage affectations on a particular property. These include, but are not limited to the following:

• To see if a property is a current heritage item, refer to Schedule 5 of the MLEP 2001. These items can also be viewed within the zoning maps section of this web site. (Select the Heritage items, heritage conservation areas, and areas on the map marked “Marrickville Local Environmental Plan No. 111 (Amendment No. 1)” option after reading and accepting the disclaimer.)
   
• All statutory heritage items in the State (including items of State heritage significance on the State Heritage Register) can also be searched using the NSW Heritage Office’s State Heritage Inventory.
   
• To see if a property is within a heritage conservation area, refer to the heritage conservation areas map which can be viewed within the zoning maps section of this web site. (Select the Heritage items, heritage conservation areas, and areas on the map marked “Marrickville Local Environmental Plan No. 111 (Amendment No. 1)” option after reading and accepting the disclaimer.) Alternatively, information sheets which include maps for each area are available for downloading. See links at right. 
   
• To see if a property is within a draft conservation area, refer to the map marked “Marrickville Local Environmental Plan No. 111 (Amendment No. 1)” which can be viewed within the zoning maps section of this web site. (Select the Heritage items, heritage conservation areas, and areas on the map marked “Marrickville Local Environmental Plan No. 111 (Amendment No. 1)” option after reading and accepting the disclaimer.) Alternatively, information sheets which include maps for each area are available for downloading. See links at right.

Before relying on any of this information, it should be confirmed by obtaining a Planning Certificate (also known as a Section 149 Certificate) from Council. Planning certificates provide a range of information about the planning controls affecting a property (such as zoning) and include heritage information such as whether the property is a heritage item, within a heritage conservation area or within a draft conservation area (LEP No. 111 (Amendment No. 1) area). There are two types of certificates: S.149(2) and S.149(5). The latter provides additional information such as National Trust or State Heritage Register listing. Planning certificates can be applied for online by clicking here.

Further heritage information

The following Council Development Control Plans (DCPs) contain heritage information:

• DCP No. 28—Urban Design Guidelines for Business Centres (for Business zones)
• DCP No. 35—Urban Housing (for Residential zones)
• DCP No. 17—Abergeldie Estate Conservation Area (for properties within the Abergeldie Estate Heritage Conservation Area)
• DCP No. 34—King Street and Enmore Road Heritage and Urban Design (for properties within the King Street/Enmore Road Heritage Conservation Area)
• (Please note that DCP No. 36—Complying and Exempt Development does not apply to heritage items or draft conservation areas.)

Further heritage information can be found from:

• The NSW Heritage Office provides a wealth of general heritage information and a number of useful publications such as a list of Heritage Consultants, a conservation supplies and services Directory, and a guide to carrying out work on heritage buildings and sites. The Heritage Office also maintains the State Heritage Inventory of all the statutory heritage items in the State including the State Heritage Register of sites of State heritage significance.
  
• The Federal Department of the Environment and Water Resources is responsible for items of Commonwealth and National heritage significance and it maintains the Australian Heritage Database which includes items listed on the Register of the National Estate.
  
• For general enquiries regarding Council's heritage controls please contact Council's Duty Planner on (02) 9335 2222. If you require further information about individual Heritage Items please speak to Council’s Heritage and Urban Design Advisor on (02) 9335 2222.

Obtaining pre-Development Application (DA) heritage advice

Initial development advice should be obtained by coming to Council’s Administrative Centre (2-14 Fisher Street, Petersham) and speaking to the Duty Planner (or by phoning (02) 9335 2222). If you require further information on individual Heritage Items please contact Council's Heritage and Urban Design Adviser on (02) 9335 2222.

Council strongly encourages consultation with Council officers before the preparation of plans to ensure that all relevant planning and heritage issues are considered, and to avoid unnecessary delays in the assessment of development applications. Council can provide formal pre-development advice where an applicant is given the opportunity to present their proposal and receive a written response. Pre-DA meetings can be arranged by completing the Request for Pre-Development Advice application form available here. Please note that plans and other supporting information must be submitted with the application form and a fee is payable.

The Marrickville Heritage Study Review 2001

In 2003, Council publicly exhibited the Marrickville Heritage Study Review (HSR) 2001, prepared by Tropman and Tropman Architects, which proposed nearly 200 new Heritage Items, 40 updated Heritage Conservation Areas, 30 new Archaeological Sites and 12 Special Character Areas. Affected property owners and residents were notified of the public exhibition in late 2003 by letter which included a package of information about the proposed changes.

On consideration of the consultant’s Review and submissions received during public exhibition, Council resolved to advance the proposed Heritage Conservation Areas of King Street/Enmore Road in Newtown/Enmore and the Abergeldie Estate in Dulwich Hill as part of MLEP 2001 (Amendment No. 25), and to defer and review all of the proposed heritage items (including those nominated by citizens during public exhibition of the HSR 2001). However, Council resolved not to proceed with the other proposed Heritage Conservation Areas and Special Character Areas, and consequently, these areas do not have any legal status and are not considered in the assessment of development applications. (A copy of the 1 December 2003 Council report and resolution can be obtained here.)

MLEP 2001 (Amendment No. 25) was gazetted on 16 June 2006 meaning that the Abergeldie Estate and King Street/Enmore Road Heritage Conservation Areas came into force on that date. On 4 July 2006 Council’s Development and Environmental Services Committee considered a report noting the gazettal of Amendment No. 25 and presenting options for the proposed heritage items identified in the HSR 2001 and those nominated by citizens during public exhibition. Council resolved to “abandon further consideration of those proposed heritage items [originally] listed in Draft Marrickville Local Environmental Plan 2001 (Amendment No. 25)”. (A copy of the 4 July 2006 Council report and resolution can be obtained here.) Consequently, none of the proposed or nominated heritage items have statutory weight and do not have specific heritage controls attached to them.