Top 10 Mistakes in Heritage Council Submissions (and How to Avoid Them)

Your First 5 Steps: A Practical Starting Checklist

Feeling overwhelmed? Do not be. Here is the exact, step by step process we at Michael Bell Architects recommend to every client starting aheritage project in NSW.

1. Step 1: Confirm Your Property's Status (1-2 Hours)

   Go to theNSW Heritage Inventoryonline. Search your address. See if it is listed as a local item (LEP) or a state item (SHR). This single action determines your entire approval pathway.

2. Step 2: Define Your Project 'Why' and Scope (1-2 Days)

   Write a clear brief. What do you need to achieve? (e.g., "a new family room," "a functional modern kitchen," "repairing deteriorating fabric"). This "why" is essential for justifying the works in your SOHI.

3. Step 3: Set a Realistic Budget (Crucial)

   Understand that heritage work can cost 20-30% more than standard construction. This is due to higher specialist tradesperson rates (e.g., for stonemasons) and materials. Assess the level of deferred maintenance. Allocate funds for consultant fees, council fees, and a contingency of at least 10-15%.

4. Step 4: Engage aSpecialist Heritage Architect(Your Most Important Decision)

   Do not engage a standard designer or draftsman. You need anaccredited architectwith proven, recent experience in your specific council area. Check their registration on theNSW Architects Registration Board.

5. Step 5: Plan for Early Council Engagement

   With your architect, prepare a basic concept design and perform initial Archival Research. Your architect will then schedule a pre-lodgement meeting with the council's Heritage Officer.

Get Started with Certainty.

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Act I: Strategic Planning & Documentation Phase

This phase is about laying a rock solid foundation. Mistakes made here will undermine your entire application.

Mistake 1: A Superficial Statement ofHeritage Impact (SOHI)

A SOHI is the core argument for your project. It is a persuasive legal and technical document that must prove your proposal respects the property's established significance.

Why Submissions Fail

• Vague Significance Statement:It fails to directly quote or reference the property’s official listing on the NSW Heritage Inventory.
• Insufficient Impact Analysis:It makes generic claims like "minimal impact" without assessing the effect on specific heritage fabric.
• No Legislative Justification:It fails to reference key articles fromThe Burra Charterto justify design decisions.
• Inadequate Visual Evidence:It lacks a full schedule of photographic plates and clear, scaled measured drawings.

Our Proven Strategy for a Bulletproof SOHI

• Forensic Significance Assessment:We dissect the property's official listing and historical context. This builds a robust statement of significance.
• Fabric-by-Fabric Impact Analysis:We create a matrix that assesses the impact on every part of the building and its site.
• Comprehensive Visual Library:Our submissions include archival quality photos, detailed curtilage mapping, and fully annotated architectural plans.

Mistake 2: Not Understanding the CMP and Section 60 Mandate

For any property on theState Heritage Register (SHR), you need a different level of documentation and a different type of approval, known as aSection 60 application.

Why Submissions Fail

• Ignorance of SHR Status:The most common error is being unaware of a property's SHR listing and lodging the wrong application.
• Submitting a SOHI Instead of a CMP:A standard SOHI is insufficient for a state-level application. For aSection 60 (s60) application to Heritage NSW, a comprehensiveConservation Management Plan (CMP)is almost always required.
• A "Thin" CMP:The document lacks critical components, including a Grading of Significance which defines the heritage value of each element.

Our Proven Strategy for Compliant CMPs and s60 Applications

• Status Confirmation:Our first action is always to confirm the property's status on the NSW State Heritage Inventory.
• Guideline Driven Preparation:If an s60 is required, we structure the supporting CMP precisely according to the official Heritage NSW framework.
• Client Focused Policies:We develop conservation policies that meet the state's heritage requirements while accommodating the client’s long term goals.

SOHI or CMP? DA or Section 60?

Choosing the wrong documentation or pathway can cost you months. We provide definitive advice.

Contact Us to Clarify Your Application Requirements.

Mistake 3: Underestimating Local Heritage Controls (LEP & DCP)

Every local council's LEP and DCP are the rulebooks for your area. A common failure is not reading the council's specific Heritage Conservation Area Character Statement, which provides the 'why' behind the DCP controls.

Why Submissions Fail

• Ignoring Local Character:An applicant applies a generic design that is inconsistent with the specific HCA Character Statement.
• Material and Form Errors:An applicant breaches prescriptive rules on material palettes, roof forms, and fenestration patterns.
• Violating Site Controls:An applicant ignores rules on setbacks, Floor Space Ratio (FSR), and overall visual bulk.

Our Proven Strategy for Mastering Local Controls

• A Clause-by-Clause Compliance Table:We map our design against every relevant heritage clause in a detailed table within the SOHI.
• Design Born from Context:Our designs are a direct response to the local character. We analyze the surrounding architecture to inform our choices.
• Proactive Material Selection:We specify appropriate materials like slate roofing or custom leadlight windows that align with the DCP, avoiding guesswork.

Mistake 4: Disregarding Context, Setting, and Neighbours

A heritage property's value is tied to its setting, its contribution to the streetscape, and its relationship with its neighbours.

Why Submissions Fail

• No Visual Impact Assessment (VIA):The application lacks analysis showing the proposal from key public viewpoints.
• Damaging the Curtilage:The applicant proposes to remove significant landscape features without justification from a qualified arborist.
• Antagonising Neighbours:A major mistake is failing to consider the impact on neighbours. Objections lodged during the officialDA Notification Periodare a primary reason for project delays.

Our Proven Strategy for Contextual Success

• Comprehensive Site Analysis:We begin with a 360 degree analysis of the site, its views, landscape, and relationship to its neighbours.
• Subservient Massing:Our additions are designed to respect the original building. We use setbacks and lower profiles to reduce visual bulk.
• Proactive Neighbour Consultation:Where appropriate, we facilitate early, informal discussions with neighbours to address concerns before they become formal objections.
• Robust Visual Evidence:Our submissions include annotated streetscape elevations, 3D photomontages from critical viewpoints, shadow diagrams, and a view loss analysis.

Act II: Process & People Management Phase

This phase is about professional execution. Mistakes here undermine credibility and cause unnecessary delays, potentially even attracting a Stop Work Order if work commences illegally.

Mistake 5: A Poorly Coordinated Consultant Team

A credible heritage submission requires a unified team of experts. Conflicting reports or drawings signal a lack of professional management.

Why Submissions Fail

• Working in Silos:The architect, heritage consultant, and town planner produce work that is not aligned.
• Missing Specialist Input:The project required a specialist like an arborist or hydraulic engineer, but they were not engaged early enough.
• No Lead Consultant:There is no single person responsible for checking that all pieces fit together before lodgement.

Our Proven Strategy for Flawless Coordination

• Single Point of Contact:As an architect-led practice, we act as the Lead Consultant and project manager.
• Integrated Design Process:We bring all consultants into the design process early to resolve potential conflicts.
• Final QA Review:We conduct a final cross check of all documents to guarantee consistency.

Mistake 6: Administrative Errors on the NSW Planning Portal

TheNSW Planning Portalis a precise digital system. Simple administrative mistakes will get your application returned.

Why Submissions Fail

• Incomplete Submission Pack:An applicant forgets a mandatory document required by the EP&A Regulation 2021.
• Incorrect File Naming and Formatting:An applicant does not adhere to the portal’s strict digital protocols.
• Fee Miscalculation:An applicant pays the incorrect application fee.

Our Proven Strategy for Portal Success

• Master Lodgement Checklist:We use a bespoke checklist for every project based on the latest council and portal requirements.
• Digital Document Preparation:We prepare all files to the exact specifications required.
• Final "Pre-Flight" Check:A dedicated member of our team performs a final administrative review.

Mistake 7: Avoiding the Pre-Lodgement Meeting with Council

A pre-lodgement meeting with the council's Heritage Officer is the most valuable risk reduction tool available.

Why Submissions Fail

• The "Surprise" Submission:An applicant lodges a complex application "cold". This forces the council to communicate formally with a detailed Request for Information (RFI).
• Wasted Design Effort:An applicant finalises expensive documentation that contains a fundamental flaw the officer could have flagged in a 15 minute meeting.

Our Proven Strategy for Effective Engagement

• Strategic Timing:We request a meeting at the concept design stage, when the design is advanced but still flexible.
• Prepared Agenda:We attend the meeting with a clear agenda and specific questions.
• Document and Incorporate:We provide the client with detailed minutes and formally incorporate the officer's advice into the final design.

Let us manage your council engagement.

Our established relationships and professional approach ensure these crucial meetings are productive and de-risk your project.

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Mistake 8: Neglecting Advanced Conservation Principles

An expert submission shows an understanding of nuanced conservation theory. The guiding philosophy is to do "as much as necessary, but as little as possible."

Why Submissions Fail

• Ignoring Reversibility:The SOHI makes no mention ofThe Burra Charter'sprinciple of reversibility (Article 15).
• Over-Restoration:An applicant makes a building look "brand new", stripping it of its authentic patina and character.
• A Poor Design Response:The design fails to achieve a sympathetic contrast, where new work is clearly of its time but respects the original building.

Our Proven Strategy for Sophisticated Conservation

• Our "Touch Lightly" Philosophy:Our firm's core design principle is to ensure new elements are distinguishable and physically separate from the original fabric where possible.
• Detailing for Reversibility:We specify non invasive fixings and design clean junctions where new meets old.
• Valuing Authenticity:We advise clients on the value of retaining authentic finishes. We develop repair over replace strategies, such as employing specialist tuckpointing for brickwork.
• Documenting the Strategy:Our SOHI and architectural drawings include specific notes and diagrams to explain and illustrate our design philosophy.

Mistake 9: Misunderstanding the Approval Pathway: DA vs. Section 60

Choosing the correct application pathway is fundamental. A locally listed item needs a DA to the council. A State Heritage Register (SHR) item needs aSection 60 (s60) application to Heritage NSW.

Why Submissions Fail

• Jurisdictional Error:An applicant lodges a DA with a council for an SHR item.
• Ignoring Integrated Development:An applicant fails to identify a project as Integrated Development, which requires coordinated approvals.
• Unprepared for Panels:An applicant is unaware that a controversial DA will likely be determined by a public IHAP or by Councillors.

Our Proven Strategy for Pathway Navigation

• Definitive Pathway Confirmation:We start every project by confirming the exact approval pathway required: DA, s60, or Integrated Development.
• Coordinated Submission Strategy:For Integrated Development, we manage the submissions to both authorities, often sequencing them to de-risk the process.
• Panel Ready Submissions:We prepare every submission to be robust enough to withstand the scrutiny of an expert planning panel.

Act III: Post-Decision & Execution Phase

This final phase determines the ultimate success of your project. Mistakes here can undo a successful approval.

Mistake 10: Having No Plan for a Refusal or Consent Conditions

The process is not over when you get a "yes" or a "no". Both outcomes require a clear plan.

Why Submissions Fail

• No Plan for Refusal:The applicant has no knowledge of their legal options and either gives up or resubmits the same flawed application.
• Missing Appeal Deadlines:An applicant fails to lodge a request for a Section 8.2 Review within 28 days or an appeal to theLand and Environment Court (LEC).
• Ignoring Conditions of Consent:A major mistake is receiving a DA approval and failing to read, understand, and budget for the Conditions of Consent.

Our Proven Strategy for the Final Stages

• Strategic Post-Refusal Advice:If a refusal occurs, our advice is informed by established legal precedents, such as the planning principles set out in key Land and Environment Court judgements.
• Consent Condition Breakdown:Upon approval, we provide our clients with a detailed breakdown of the heritage related Conditions of Consent.
• Financial Contingency Planning:We advise clients to include a project contingency sum of at least 10-15% in their budget.

Has your DA been refused? Don't give up.

A refusal is often an opportunity to improve and resubmit with an expert strategy.

Contact Us for a Post-Refusal Assessment & Strategy.

Bonus Section: Beyond the DA – Three Critical Post-Approval Mistakes

Getting DA consent is a major milestone, not the finish line. Critical mistakes can still happen before construction begins.

Bonus Mistake #11: Choosing the Wrong Professional Team

The most important decision you will make is who you hire.

Why It's a Mistake

• Hiring Unqualified Professionals:An applicant hires a draftsman or a building designer instead of aregistered architect.
• Lack of Local Experience:An applicanthires an architectwith no recent projects in your specific Local Government Area (LGA).

The Expert Solution by Michael Bell Architects

When you interview architects, ask to see at least three recently approved heritage DAs from the same council as your project. Verify theirregistration on the NSW Architects Registration Boardwebsite.

Bonus Mistake #12: Mismanaging the Construction Certificate (CC) Stage

You cannot start building with just a DA consent.

Why It's a Mistake

• The Next Hurdle:An applicant must obtain aConstruction Certificate (CC). This involves a Certifier reviewing detailed drawings to ensure they comply with the Building Code of Australia (BCA) and all Conditions of Consent.
• The BCA Challenge:A common pitfall is resolving conflicts between the BCA and heritage fabric. An expert architect uses BCA Performance Solutions to meet safety requirements (like fire separation or disability access under the DDA) without destroying significant materials.

The Expert Solution by Michael Bell Architects

Our firm manages the CC process. We ensure all consultants' detailed drawings align perfectly with the DA consent conditions before they are submitted to the Certifier. Once construction is complete and the Certifier is satisfied, they will issue a final Occupation Certificate (OC).

Bonus Mistake #13: Ignoring the Commercials & Investment Potential

A heritage project is a significant financial undertaking. Treating it purely as a cost, rather than an investment, is a mistake.

Why It's a Mistake

• Ignoring "Adaptive Reuse":An applicant fails to see the project as an opportunity forAdaptive Reuse—thoughtfully modifying a heritage building for a new, viable purpose.
• Missing Funding Opportunities:An applicant is unaware of potential Heritage Grants or tax incentives that can assist with funding conservation works.
• Failing to See the Return:A poorly executed project can harm a property's value. In contrast, a well-managed conservation project results in a significant valuation uplift.

The Expert Solution by Michael Bell Architects

We approach every heritage project as a strategic investment. Our goal is to balance exemplary conservation with the client's financial objectives, creating a valuable, functional, and beautiful asset for the future.

Conclusion: Your Path to Heritage Approval

Working on aheritage-listed property in NSWcan be simple when you have the right plan. With expert help, you can protect the history of your building, meet all council rules, and create a space you will enjoy for years. Avoiding the common mistakes in this guide will save you time and money and make the approval process smoother.

Why Michael Bell Architects

Michael Bell Architects is aSydney-based architecture firmwith more than 25 years of experience. We specialise in heritage restoration,residential design, and rural estates. Our work has been recognised by the National Trust NSW for its quality and respect for history. We have helped clients across Sydney, coastal towns, and regional NSW gain heritage approval with confidence.

What We Do Best

• Create Statements of Heritage Impact and Conservation Management Plans
• ManageSection 60 applicationsand council submissions
• Provide full design and project services, from first ideas to finished build
• Designrestorations and adaptive reuse projectsthat combine heritage charm with modern living

How We Work

Our teamunderstands the NSW Heritage Act, Local Environmental Plans (LEP), Development Control Plans (DCP), and the Burra Charter. We design with these rules in mind so your project meets every requirement and still reflects your personal vision.