Hunter Regional Environmental Plan 1989 (Heritage) (NSW)
This plan may be cited as Hunter Regional Environmental Plan 1989 (Heritage).
The general aims and objectives of this plan are:
(a) to conserve the environmental heritage (including the historic, scientific, cultural, social, archaeological, architectural, natural and aesthetic heritage) of the Hunter Region,
(b) to promote the appreciation and understanding of the Hunter Region’s distinctive variety of cultural heritage items and areas including significant buildings, structures, works, relics, towns, precincts and landscapes, and
(c) to encourage the conservation of the Region’s historic townscapes which contain one or more buildings or places of heritage significance or which have a character and appearance that is desirable to conserve.
This plan applies to land within the following local government areas comprising part of the region, declared under section 4 (6) of the Act, that is known as the Hunter Region:
• City of Cessnock,
• Gloucester,
• Merriwa,
• Muswellbrook,
• Scone.
If a local environmental plan or a deemed environmental planning instrument:
(a) provides for the protection of a heritage item specified or described in Schedule 1 or 2, and
(b) the provision is inconsistent with this plan, this plan prevails to the extent of the inconsistency.
Except as provided by this clause and clause 12, nothing in this plan authorises the carrying out, on land, of development that is prohibited under another environmental planning instrument applying to the same land.
In this plan:
(a) the making of structural changes to the outside of the heritage item, or
(b) the making of non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item not including the maintenance of the existing detail, fabric, finish or appearance of the outside of the heritage item.
When preparing a draft local environmental plan the Council shall:
(a) where the draft plan applies to land on which a heritage item specified in Schedule 3 is situated, include provisions relating to the conservation of the item, and
(b) where the draft plan applies to an item specified or described in Schedule 4, ensure that the item is investigated and where appropriate, include provisions in the plan to facilitate the conservation of the item, and
(c) where the draft plan applies to a conservation area specified or described in Schedule 5 and shown on the map, investigate and examine its significance and prepare guidelines to assist development control within the area.
(Repealed)
A person shall not, in respect of a building, work, relic, tree or place that is a heritage item:
(a) demolish or alter the building or work,
(b) damage or move the relic, including excavation for the purpose of exposing the relic,
(c) damage or despoil land on which the building, work or relic is situated or land which comprises the place,
(d) erect a building on or subdivide land on which the building, work or relic is situated or on the land which comprises the place, or
(e) damage any tree on land on which the building, work or relic is situated or on the land which comprises the place,
except with consent of the Council.
The Council shall not grant consent to a development application made under subclause (1) unless it has made an assessment of:
(a) the significance of the item as a heritage item,
(b) the extent to which the carrying out of the development in accordance with the consent would affect the heritage significance of the item and its site,
(c) whether the setting of the item, and in particular, whether any stylistic, horticultural or archaeological features of the setting should be retained,
(d) whether the item constitutes a danger to the users or occupiers of that item or to the public, and
(e) measures to be taken to conserve heritage items including any conservation plan prepared by the applicant.
The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
(Repealed)
Except as provided by subclause (3), a person shall not demolish a building or work specified or described in Schedule 4 except with the consent of the Council.
The Council shall not grant consent to a development application made under subclause (1) unless it has made an assessment of the matters specified in clause 7 (2).
This clause does not apply to an item specified in part B of Schedule 4:
(a) except as provided by paragraph (b), until 12 months have elapsed after the date on which this plan takes effect, or
(b) until such other period has elapsed as is determined by the Director, and notified to the Council and the owner of the item, during the period of 12 months referred to in paragraph (a).
Except as provided by subclause (3), the provisions of sections 84, 85, 86, 87 (1) and 90 of the Act apply to and in respect of the demolition of a building or work that is a heritage item, or an item specified or described in Schedule 4, in the same way as those provisions apply to and in respect of designated development.
(Repealed)
This clause does not apply to the partial demolition of a building or work which, in the opinion of the Council, is of a minor nature and does not adversely affect the heritage significance of the building or work.
Nothing in this plan, or in a local environmental plan (including a deemed environmental planning instrument), prevents the Council from granting consent to an application to:
(a) the use, for any purpose, of a building that is a heritage item, or
(b) the use, for any purpose, of the land on which the building is erected,
if it is satisfied that:
(c) the proposed use would have little or no adverse effect on the amenity of the area, and
(d) the conservation of the building depends on the Council granting consent under this clause.
When considering an application to erect a building on land on which there is situated a building which is a heritage item, the Council may:
(a) for the purposes of determining the floor space ratio, and
(b) for the purposes of determining the number of parking spaces to be provided on the site,
exclude from its calculation of the floor space of the buildings erected on the land the floor space of the item, but only if the Council is satisfied that the conservation of the building depends upon the Council granting consent under this clause.
The Council shall not grant consent to an application to carry out development on land in the vicinity of a heritage item unless it has made an assessment of the effect the carrying out of that development will have on the heritage significance of the item and its setting.
(Clauses 4, 5, 8)
Old North Road (1827–1831): Section from Mount Manning to Paynes Crossing including retaining walls, buttresses, culverts, drainage ditches and remains of abutments and pillars for bridges.
Maitland Road
• Former Courthouse Police Station
• Richmond Main Colliery
• Stanford Main No 2 Colliery (includes cottages/equipment)
Dungog Road
• Tocal Homestead (c1839)
• Mountain Maid Gold Mine
Trunk Road
• ‘The Cuan’ (No 62)
• Glenrock Station
Kingdon Street
• Former Courthouse (later Old Court Theatre)
Gundy Road
• ‘Belltrees’&Outbuildings
Moobi Road
• ‘Invermein’ House. Petrified Stump (tree stump in situ)
New England Highway
• St Aubins House &Outbuildings
Segenhoe Road
• ‘Segenhoe’ and Outbuildings
(Clauses 4, 5, 9)
South Maitland Railway
Bathurst Street
• South Maitland Mines Rescue Station, (including houses)
Cessnock Road
• Former Courthouse Group
Cliff Maitland Road
• Drapery Shop
Maitland Street
• Shops Group (includes Nos 50, 52, 56, 58, 64, 66 and 70 Shop) (Nos 68 &69 house)
New England Highway
• St John’s Church
Off New England Highway
• General Cemetery
Station Street
• Catholic Cemetery
• Convent of Mercy
Maitland Road
• Courthouse
Wollombi Road
• ‘Marthaville’ (No 200)
Anvile &Water Streets
• Lock-up &Residence
High Street
• Median Strip including War Memorial &Bandstand
New England Highway
• Former Courthouse
Coronation &Victoria Street
• Station Hotel
George Booth Drive
• Former Railway Tunnel
Hospital Road
• General Cemetery
Lang Street
• Kurri Kurri Hotel
• Laguna House Group
Wollombi Road
• Former Rising Sun Inn
Old Maitland Road
• Anglican Church Yard
Allandale Road
• Cessnock Potteries
Branxton Road
• General Cemetery
• 2 Storey Store House
Hebburn Street
• Pelaw Main Colliery
Broke Road
• ‘Ashmans’ Winery &Vineyard
Wilderness Road
• Wilderness Cemetery
Branxton Road
• Peacock Hill Burial Ground
Maitland Road
• Post Office
• Public School Group
• St John the Evangelist Church
• Wollombi General Cemetery
Old North Road
• Mulla Villa
• Marys-on-Allyn
Brandon Grove
• General Cemetery
• St Peter’s Anglican Church NW of Bendolba
Cemetery Road
• General Cemetery
Grey Street
• Former Courthouse
Limeburners Creek Road
• Clarence Town Bridge
King Street
• Hua Tsa
Walba Park
• Robards Slaughterhouse
• Cawarra Est Group
Cemetary Road
• General Cemetery
Dowling &Hooke Streets
• CBC Bank and Stables
Dowling Street
• School of Arts
Lord Street
• Courthouse
• Police Lock-up
• Police Keepers Residence
• Hooke Family Cemetery
Clements Road
• ‘Lewinsbrook’
Park Street
• Catholic Cemetery
• St John’s Anglican Church Cemetery
Johnson Street
• Former Courthouse
• Paterson Road
• Paterson Bridge
Maitland Road
• Corn Staddle
Duke Street
• St Paul’s Church and Cemetery
Dungog Road, Tocal
• ‘Bona Vista’
• General Cemetery
Paterson River
• Vacy Bridge
Barrington East Road
• Pioneer Cemetery
Barrington-Copeland Road
• No 2 General Cemetery
Bucketts Way
• ‘Gloucester Cottage’ or (The Homestead)
Church Street
• Court House Group
• Court House (No 19)
Branksome Street
• Police Station Group, comprising Court House, Police Station, Police Residence
• Royal Hotel and Outbuildings
• ‘Quindalup’ School House Group
• ‘Collaroy’ Group
Scott Street
• Old General Cemetery
Cassilis Station
Bow Street
• Holy Trinity Group
Macartney Street
• St Annes Group
Vannacher Street
comprising St Annes Roman Catholic Church, Convent and Presbytery
• Court House &Police Station
Bengalla Road
• ‘Keys Family’ Private Cemetery
‘Olinda’
• ‘Merton’ Cemetery
Palace Street
• St Matthias Church
Palace &Ogilvie Streets
• Royal Hotel
Mangoola Road
• ‘Pickering’
Martindale Road
• ‘Martindale’
Woodlands Road
• ‘Woodlands’ Stud
Kayuga Road
• Old Kayuga Cemetery
Brook Street &Hunter Terrace
• St Albans Precinct (incl 15 Hunter Terrace &27 Brovic Street)
Bridge Street
• Eatons Group (Nos 164–66, 172, 174, 178, 180–188)
• Loxton House (142)
• Wiedmann Cottage (132)
Brentwood &Brecht Streets
• ‘Birralee’
Brook Street
• St James Church
Denman Road
• ‘Balmoral’
• ‘Edinglassie’
• ‘Rouse-Lench’
Hill Street
• St Johns Precinct
• Presbyterian Manse (106)
Kayuga Road
• Muswellbrook Bridge
• ‘Negoa’ Homestead
Sowerby Street
• ‘Atherstone’ (5)
Tindale Street
• St Marys School
McCulleys Gap Road
• St Heliers
• ‘Baerami’ Homestead
McQueen Street
• Aberdeen Beef Co. Pty. Ltd.
New England Highway
• Fitzgerald Bridge
• Segenhoe Inn
Rouchel Road
• Segenhoe Flour Mill
• ‘Kelvinside’&Outbuildings
• ‘Bundarraga’&Outbuildings
Scone Merriwa Road
• St Judes Anglican Churchyard
Church Street
• Presbyterian Cemetery
• St Matthews Anglican Cemetery
Gundy Road
• ‘Bellevue’ and Barn
6km East of Moonan Flat
• General Cemetery
• ‘Cressfield’
Rouchel Road
• Kennedy Family Cemetery
Hill &Liverpool Streets
• St Lukes Group
Kelly Street
• ‘St Aubins Arms’ (245)
New England Highway
• Catholic Cemetery
Park &Short Streets
• St Marys Roman Catholic Church
Rotary Park
• Alan Cunningham Memorial
• Monument for Commonwealth
Upper Dartbrook Road
• ‘Thornthwaite’
Off Merriwa Road
• ‘Yarrandi’
• General Cemetery
• ‘The Hawthornes’ incl Outbuildings
• ‘Murulla’ Station
(Clauses 5, 6, 11)
Cessnock Street
• Denman Hotel
Lovedale Harpers Hill Road
• ‘Dunoon’
Wollombi Road
• Bellbird Hotel
New England Highway
• Bank of NSW
Off South Avenue
• Aberdare Workshop
Vincent Street
• Commercial Bank (117)
Wollombi Road
• Cessnock Hotel (234)
High Street
• Masonic Hall
• Methodist Church
Wyndham Street
• Greta Public School
• Elrington Colliery
Cessnock Street
• Aberdare Central Colliery
Land &Victoria Street
• Chelmsford Hotel
Old Sydney Road
• Public School
Cessnock &Northumberland Streets
• Neath Hotel
Kurri Road
• Neath Colliery
Allandale Road
• St Patricks Group
Wollombi Road
• Pelton Colliery
Debeyers Road
• ‘Glen Elgin’ Winery &Vineyard
Hermitage Road
• Hunter Valley Distillary
Scott &Station Streets
• Water Tower
• Hebburn No 2 Colliery
• Convict Drinking Trough
Maitland Road
• St Michael the Archangel Church
• ‘Faulkland’
The Moppy Road
• Bonny Doon
Church &Tyrell Streets
• Former Council Chambers (now Historical Museum)
Merriwa Road
• Farmhouse and Cottage Group
• ‘Dalkeith’
Munamurra Road
• Woolshed
Denman Road
• Grave of Peter George
Bettington &Bow Streets
• Fitzroy Hotel
• Colonial Cottage
Bettington &Vennacher Streets
• Royal Hotel
Bettington Street
• Astros Theatre Facade
• ‘Brindley Park’
• ‘Terragong’
Main Road
• School of Arts
Jerrys Plains Road
• ‘Merton’
Palace Street
• Former Court House &Police Station
• Former Police Residence
• Portable Timber Lockup
• Catholic Church
Main Road
• Slab Cottage
Bridge Street
• Post Office
• Masonic Hall (75)
• Methodist Church
• Former Campbell &Co Store (54)
• Shop Front (34)
Cook &Carl Street
• ‘Koobahla Villa’
Grass Tree Road
• Stone Bridge
Hunter Terrace
• ‘Brighton’ Villa (12)
Lorn &Maitland Road
• ‘Hennor’
Market Street
• Railway Station
Sowerby Street
• Former Hospital (37)
Sydney Street
• Barber Shop (5)
• Former Royal Hotel (1)
Victoria Street
• Railway Depot
William Street
• Police Station
Bengalla Road
• ‘Overdene’
Allen Bridge Road
• Allen Bridge
New England Highway
• Former M. Campbell &Co., Store
Rouchel Road
• Former Butter Factory
Guernsey &Willow Street
• Former Willow Tree Hotel
• Former Boorers Mill
• Mill Cottage
Hill &Kingdon Street
• Former Grammar School (Nth-West Corner)
Kelly Street
• Campbells Corner (177–181)
Kingdon Street
• Former Lockup
• Former School of Arts
New England Highway
• ‘Turanville’
Smith Street
• Hospital
• ‘Nandowra’
• ‘Satur’
Abbott Street
• ‘Petwyn Vale’
New England Highway
• House/Post Office
• Cliffdale Wyoming Stud
(Clauses 6, 10, 11)
Aberdare Street
• Aberdare Hotel
• Aberdare Colliery
Cessnock Street
• Caledon Railway Station
• Kurri Kurri Co-op Store
Cessnock Road
• Post Office
Main Road
• Abermain Hotel
• Former Co-op Butchers Shop
• Aberdare South Colliery
• Aged Persons Hospital
Wollombi Road
• Bellbird Colliery
Branxton Oval
• Bandstand and War Memorial
Cessnock Road
• House (No 50)
Cliff Street
• Hall
Drinan Street
• Post Office
Maitland Street
• Houses (33 35)
• Hotel Commercial
• ‘Dura’
New England Highway
• Royal Federal Hotel
• Stone House
Aberdare Street &Mulbring Road
• Cessnock High School
Branxton Road
• ‘Glenmore’
Off Lang Street
• Cessnock No 2 Colliery
McFarlane Street
• Aberdare East Colliery
Millfield Street
• Cessnock Reservoir
Vincent &Main Street
• School of Arts
Vincent (221) &Snape Street
• Royal Oak Hotel
Vincent (167) &Hall Streets
• United Service Hotel
Westcott Street
• St Johns Church
Pelton Road
• Kalingo Colliery
High Street
• Former Council Chambers
• Two Storey Shop
• Tattersalls Hotel
High &Wyndham Street
• Shops (2-Storey Victorian)
Leconfield Road
• Broxburn Colliery
New England Highway
• Post Office
• Whitburn Colliery
• Water Storage Tanks
• Anvil Creek Colliery
• Street of Miners Cottages
• Kearsley Hotel
• Abermain No 2 Colliery
• Abermain No 3 Colliery
• Presbyterian Church
Cessnock Street
• Company Houses (Three)
• Khartoum Hotel
Lang Street
• Two Storey Shop
Lang &Victoria Streets
• Courthouse &Police Station
Main Street
• Kurri Kurri Co-op Store
Mulbring Road
• Coalfields Mining Supplies
Mulbring &Railway Streets
• Empire Tavern
• Masonic Hall
• Imperial Hotel
• Burnetts Slaughter Yard
Wollombi Road
• Maitland Main Colliery
• Millfield Greta Colliery
• Clark’s Slab House
• The Glen
Main Road &Water Street
• Former Temperance Hotel
Main Road (near Water Street)
• Two Storey House
Millfield Road
• Paxton Hotel
Branxton Road
• ‘Caerphilly’ Winery &Vineyard
Broke Road
• ‘Peppertree’ Vineyard (1850–76)
• ‘Oakvale’ Winery &Vineyard
Debeyers Road
• ‘Cote D’ Or’ Winery &Vineyard
• ‘Oakdale’ Winery &Vineyard
Oakey Creek Road
• ‘Bellevue’ Winery &Vineyard
Wilderness Road
• ‘Daisy Hill’ Winery &Vineyard
• ‘The Wilderness’ Winery &Vineyard
• Rothbury Colliery
Stockrington Road
• Stockrington No 2 Colliery
Cessnock Road
• Former Co-op Store (96)
• Criterion Hotel (75)
• Former Shop (50)
Laguna-Wollombi Road
• Former Inn
• Maitland Road (opposite PO)
• Timber cottage
Unnamed Road
• Former School (1882)
Allyn River Road
• Former Post Office
• “Maryville”
• Caergwrle &Outbuildings (1844)
Chichester River
• Footbridge
Rifle Street
• Former Commercial Inn
Fotheringaye Road
• ‘Fotheringaye’
Abelard Street
• Showground Pavillions
Brown Street
• Dungog Picture Theatre (1930)
Lord Street
• Former Council Chambers (1894)
Dowling Street
• Bank Hotel
• Shop No 137
• The Manse (No 25)
• D.E. Wade &Son
• J.A. Rose, Drapers
• Kemps Shop (No 155)
Dowling &Brown Streets
• Darks Buildings
Fosterton Road
• Figtree Estate
• ‘Nulla Nulla’
Williams River
• Cooreei Bridge
Bingleburra Road
• ‘Bingleburra’
Clements Road
• Timber Bridge
• Stone Barn
• Suspension Footbridge
• Gresford Public School
Church Street
• Oddfellows Hall
• House, No 12/14
Former Commercial Road
King Street
• Former Butcher Shop
• ‘Hatharleigh’
• Former School of Arts
• Union Shed (No 8)
Marquis Street
• Brick Cottage
Dungog Road &Johnstone Street
• Former Bakery
Prince Street
• ‘Ernestville’ (No 3)
• House (No 16)
Salisbury Road
• Timber Church
Williams River
• Footbridge
Salisbury Road
• Timber Church
• St John’s Church
Treatment Works
• Copeland Cyanide
Church Street
• Former Bank of NSW (No 23)
Denison Street
• Sisters of St Joseph Convent
The Moppy Road
• ‘Airllie’ (1908)
• ‘Stobo’ (c1900)
• St Columbus’ Church
Buccleugh Street
• House (No 6)
• Former Chinese Emporium (Timber-now house)
• ‘Yarrawonga’
• ‘Rotherwood’
• ‘Merothouse’
• ‘Tongy’
Main Road
• ‘Ellamara’
• Former School and Residence
• St Johns Church
Bettington Street
• CBC Bank
• Former Campbell &Co Store
Bow Street
• Former Shire Hall
McKenzie Street
• Headmasters Residence (No 100)
• ‘Llangollen’
• ‘Cullingal’ Group
• ‘Wyndham’
• Widden Stud
• ‘Baramul’ Station
• ‘Holbrook’ Station
• ‘Wandawoy’
Denman Road
• ‘Piercefield’&Outbuildings
Palace Street
• Water Pumping Station
• Small Timber Cottage (6)
• Former Bank and House (27)
Palace &Oglivie Streets
• Denman Hotel
Palace &Turtle Streets
• Weatherboard Hall
Merriwa Road
• 2 Roomed Timber Cottage and Kitchen
Muswellbrook Road
• Stone Barn
Ridgelands Road
• Timber Homestead
Kayuga Road
• ‘Rosedale’ Cottage
• Kayuga Homestead
Kerrabee Road
• Old ‘Kerrabee’ Homestead
• Former Post Office
Bridge Street
• Rural Bank (No 45)
• Kildonan (No 208)
Hill Street
• Timber Cottage (No 129)
Off Hunter Street
• Oak Milk Factory
Maitland Street
• Shop (No 5)
Mill Street
• Former Flour Mill
New England Highway
• Former Butter Factory
Sowerby Street
• Presbytery (Roman Catholic)
Victoria Street
• Railway Hotel
Near Power Station
• Muswellbrook Brick Works
Bengala Road
• ‘Bengala’
McGulls Gap Road
• Gelston
Ridgelands Road
• ‘Brogheda’
• Cottage
Sandy Hollow to Maryvale
• Sandy Hollow Railway
Gundy Road
• ‘Russley’
• ‘Rosevale’
New England Highway
• Commercial Hotel
“The Grange”&Outbuildings
Rouchel Road
Timber Houses
• Barry Station
Ridgelands Road
• ‘Grampian Hills’
Kars Springs Road
• ‘Milgarra’ Woolshed
Gundy Road
• ‘Elmswood’
• Victoria Hotel
Guernsey &Aubins Streets
• Former Boot Factory Hill &Kingdon Streets
• Former Roman Catholic Church
Kelly Street
• Belmore Hotel (No 98)
• ‘Geraldton’
• Shops
• Civic Theatre (No 114)
• Former NSW Bank (No 170)
Kelly &Liverpool Streets
• CBC Bank
• Post Office
Kelly &Aubins Streets
• Royal Hotel (1880s)
Kingdon Street
• Former St. Andrews Church
• Mrs. Hoppers House (No 95)
• “Ayesham” (No 61)
Liverpool Street
• Former Bank of NSW (No 109)
Main Street
• Presbyterian Manse
Park Street
• Timber Houses
Rotary Park
• John Graham Memorial
Susan Street
• Railway Station
Roseberry Street
• Red Cottage
Vernon &Roseberry Streets
• Timber Houses
• Bakers Brickworks
• “Abbotsford”
Raglan Street (Highway)
• Timber Buildings
Raglan &Petwynn Streets
• Mountain House
(Clauses 5, 6)
Branxton Conservation Area
Greta Conservation Area
Wollombi Conservation Area
Clarencetown Conservation Area
Dungog Conservation Area
East Gresford Conservation Area
Paterson Conservation Area
Catherine Hill Bay Conservation Area
Teralba Conservation Area
West Wallsend Conservation Area
Cassilis Conservation Area
Merriwa Conservation Area
Denman Conservation Area
Muswellbrook Conservation Area
Aberdeen Conservation Area
Scone Conservation Area
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