Recently, the new legislation introduced by the NSW State Government from the Department of Planning and Environment, promotes affordable housing in areas around certain stations. In particular, the rezoning of land and construction of new housing pertains to the new Metro line. This plan will be carried out in several suburbs within Sydney and beyond. Invariably, new development prescribed by the Transport Oriented Development (TOD) legislation will affect existing Heritage Conservation Areas (HCAs) and heritage-listed buildings. To date, some rough legislation around HCAs has been sketched out, but by no means with great clarity.

Notwithstanding, it is likely that there will be a lot of conflict in relation to these areas. 31 precincts were initially identified for further development, but changes by the State Government have only occurred within 18 areas. Generally, councils represent NIMBYism (Not-In-My-Back-Yard), whereas the State Government represents YIMBYism (Yes-In-My-Back-Yard). Will ever the twain meet? The devil is in the detail.

Firstly, not all HCAs identify exactly which heritage buildings are ‘detracting’, ‘neutral’ or ‘contributory’.

Secondly, setbacks around new and heritage-listed buildings in TODs, are likely to generate political and legal contention.

Heritage 21 has a lot of expertise in this area. We look forward to being involved in many of these actions by assisting with non-tendentious expertise, provided to applicants, developers, councils and the State Government/the Department of Planning and Environment, if necessary. Our aim is to find the best way for heritage and housing to continue together.

This is an open invitation to planners, owners, legal representatives, developers and councils to call upon our expertise regarding heritage matters in the new TODs.

Paul Rappoport

Conservation Architect and Heritage Planner

22 July 2024

Image reference: Cheng, Linda. Macquarie Group’s unsolicited proposal for Martin Place, designed by Grimshaw and Johnson Pilton Walker. Photograph. Architecture Australia. June 2, 2017. Two towers proposed for Sydney’s Martin Place | ArchitectureAu