Have a question?
Need assistance?
Have a similar project that you need assistance with? Complete the form below and one of our Heritage assessment specialists will be in touch as soon as possible.
Professional Associations
About the project
Key Details
- About The Project
Heritage 21 collaborated with the then owner of Kennerton Green Gardens, a seven-hectare Mittagong estate, in an attempt to establish a non-permissible use such as short stay hotel accommodation at the site. The site was not zoned for short term accommodation. Heritage 21 suggested to the applicant that the non-permissible use could be achieved by means of the heritage incentive clause under 5.10.(10).
- What was done
Unfortunately, council knocked the applicant back stating that because the subject site is a garden, a garden is not a building and; therefore, under a strict interpretation of the incentive clause, the application was refused. H21 attempted to reason with council claiming that is was a unique opportunity to conserve and maintain the beautiful gardens at Kennerton Green. However, this plea fell on deaf ears.
- Time frame
6 months
Services provided
- Heritage impact Statement
- Client & Council Liaison
- Schedule of Conservation works
Why was the work undertaken?
The work undertaken was mainly preparing documentation for an application under clause 5.10(10) of Wingecarribee LEP
Who was the work completed for?
Private applicant
Outcome
The outcome was very unfortunate because council missed a golden opportunity not only to have the beautiful gardens conserved but also to be maintained in perpetuity. Heritage 21 is committed to exercises and expanding the available incentive clauses under the standard NSW LEPs. Because there is not much case law around the incentive clause, most councils construe such applications narrowly which is a great pity. Heritage 21 hopes to overturn this mindset.
Of all the large gardens in Australia, Kennerton Green at Mittagong in the New South Wales Southern Highlands is one of the very best. This magnificent garden has had a succession of owners over the years.
View gallery Get in touch