The National Trust’s Conveyancing Advisory Service offers conveyancing lawyers information and advice about properties listed on the National Trust Register. A National Trust listed property has cultural significance due to its historic, social, cultural, aesthetic, archaeological, scientific, technological, landmark, landscape or streetscape values. Although the listing itself has no legal standing, the information is beneficial to property owners and developers in identifying why the community considers that the property may be worth conserving. National Trust Register listings have, and continue to form the basis of statutory heritage listings together with government-funded Heritage Studies.

The National Trust can also provide general advice and information on statutory listings and their impacts and effects (Council Heritage Lists on Local Environmental Plans, the State Heritage Register and National Heritage List), or if a place is of interest to the Trust and may be considered for listing on the Trust Register at a future time.

To request information, please contact Rebecca Ward, Advocacy Officer at rward@nationaltrust.com.au
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What does the National Trust do?

The Trust does many things, including:

• Owning and operating house museums and galleries;
• Surveying and assessing the built, cultural and natural heritage of New South Wales;
• Making submissions and providing advice to the Federal, State and Local Governments, property owners, architects and consultants on environmental issues;
• Publishing and selling educational material, conducting tours, lectures, seminars and inspections;
• Operating a contract Bush Regeneration/ Bush Management Programme for councils and other land owners.

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What is the National Trust Register?

Following its survey and assessment of the built, cultural and natural heritage, the Trust maintains a Register of landscapes, townscapes, buildings, industrial sites, cemeteries and other items or places which the Trust determines have cultural significance and are worthy of conservation. Currently, there are some 12,000 items listed on the Trust’s Register.
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The Impact of Classification

The Trust’s Register is intended to perform an advisory and educational role. The listing of a place in the Register, has no legal force however it is widely recognised as an authoritative statement of the cultural significance of a place or item.

Most items listed in the Register are privately owned. Listing does not imply any right of access by the public, nor that the owner should have the item available for public inspection. Funding for conservation of heritage items may be available through the NSW Government or local councils.

Does the National Trust have any control over the development or demolition of the classified places or items?
The listing of a place in the Trust’s Register has no legal force but this recognition by the Trust is generally regarded as an authoritative statement on its heritage significance. The Trust actively encourages owners of listed places to recognize and maintain their heritage significance.

How is an item listed on the Trust Register?
The process of listing involves the identification and assessment of the cultural significance of a place– its historic, aesthetic, social and scientific or other values for the past, present and/or future generations.

This assessment is carried out by a number of expert committees who advise the Trust on items to be placed on the Register. These committees are made up of individuals and professionals, such as architects, historians, archaeologists, planners, botanists, lawyers, educationalists and landscape architects, who contribute their time freely to the Trust.

 

Can I alter a building or property listed on the National Trust Register?

There are many examples of sympathetic renovation and adaptive reuse of properties listed on the Trust Register.

The Trust seeks to ensure that all alterations do not negate or detract from the heritage value of the property.
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Who has Legal Powrs to Protect Heritage Places?

Local Government Authorities
Most powers of planning and building control are vested in local councils. Councils adopt Local Environmental Plans (LEPs) and Development Control Plans (DCPs), which usually contain a schedule of properties of identified heritage significance. LEPs and DCPs include heritage objectives and controls. For further details, check with your local council.

The Heritage Council of New South Wales

The Heritage Council is the State Government Authority which administers the NSW Heritage Act. It advises the Planning Minister in relation to the operation of the Heritage Act. The State Heritage Register, administered by the Heritage Branch of the NSW Department of Planning contains items and places of State Heritage significance which are protected by the Heritage Act. Full details can be obtained from the Heritage Branch of the NSW Department of Planning, tel: (02) 9873 8500.

 

What is the relationship of the National Trust to local councils, the NSW Heritage Council and the Australian Heritage Council?
The National Trust is an independent community organization that pre-dates government heritage bodies. Advocacy by the National Trust since its formation in 1945 led to the statutory recognition of heritage via planning and heritage legislation at local, state and national level.

The Trust nominates a member of the NSW Heritage Council and often refers details of properties under threat to the Heritage Council. The Trust also nominates items for consideration of listing on the State Heritage Register and the National Heritage List.

 

What is an Urban Conservation Area?

The Trust has listed on its Register more than 250 urban landscapes/streetscapes in cities, suburbs and regional NSW as Urban Conservation Areas. These areas have an overall townscape, architectural or historic character which, in the Trust’s view, should be conserved even though not every individual building in these areas may be significant. The Trust advocates that owners, developers and local councils ensure that development within Urban Conservation Area be designed to respect the heritage values of that Area.

The listing of an area in the Register, has no legal force however the Trust’s listing is widely recognised as an authoritative statement of the cultural significance of a place or item. Statutory Conservation Areas may also be recognised in Local Environmental Plans and the State Heritage Register. They may, or may not, include the same areas listed by the Trust.