Heritage incentive provision allows non-permissible use  (townhouses) on heritage listed site.

Heritage incentive provision allows non-permissible use (townhouses) on heritage listed site.

35 Fox Valley

Is your property heritage listed?  Are you wondering if you can still develop your site with multiple dwellings?

McCullum Ashby Architects recently received approval for six new luxury townhouses on a heritage listed property in Ku-ring-gai Council area.

The Development Application involved initially sub-dividing the large parcel of land of 8,693sqm into two lots. The existing dwelling is to retain the front half of the block totalling 3,844sqm creating a new battle axe allotment to the rear of 4,849sqm. To offset the significant costs of this work, the rear of the property is to be subdivided into a community title development with six new townhouses and a communal lot which will contain the Blue Gum High Forest (BGHF) zone and the communal driveway. It is then proposed to carry out substantial conservation works to the existing heritage listed item including additional improvements such as a new in-ground pool to the rear.

Given townhouses were NOT permissible in the 2(c) or now R2 zone, the application was made under the Heritage Incentive provisions of the Ku-ring-gai LEP.  The subsequent approved project was a great outcome as the original home was going to be lost altogether and now it will be restored back to its flamboyant self.

An extract from the heritage incentive provision:

 The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Plan  

Most developers are reluctant to purchase heritage listed properties due to the inability to develop the sites, however this project demonstrates that if the heritage incentive provisions are applicable and you have the right team behind you; that good outcomes are possible for both developer and the broader community.

photos 141

The original heritage item ‘Rothiemay’



The scale model of the original DA submission.

Some press about the site.